TPG does it (wrong) again

Just a few weeks after TPG featured a plainly unlawful advertisement on its home page – which it thankfully later corrected – the company has committed another consumer protection faux pas.

This time the problem is the way that two advertisements with plenty of small print cycle every three seconds, making it nearly impossible to read anything but the headlines.

We think it’s a clear breach of clause 4.1.3 of the Telecommunications Consumer Protection Code.

What the TPC Code requires

Clause 4.1.3 of the Code states that:

Disclaimers must be clear and readily understandable, having regard to the type of advertising material, including the medium or format used and its intended audience.

TPG’s cycling offers

Here’s one offer, made static as a screenshot.

And here’s the other:

One has over 45 words, the other more than 50.  It’s simply impossible to read the small print.  Sure, you can go cross-eyed trying to read it over several cycles, ignoring the other offer and trying to disregard the moving graphics.  Great if you can do that, but there’s no way these disclaimers are ‘clear and readily understandable’.

And section 52 TPA is never far away

Section 52 of the Trade Practices Act prohibits business advertising that is misleading or deceptive, or likely to mislead or deceive.

ACCC has made it very clear that it considers unacceptable use of small print as likely to mislead or deceive.  Small print that’s effectively rendered unreadable by flashing on and off as in TPG’s advertisement won’t pass muster under section 52.