I always get excited when a giant such as Rogers is forced to comply with the law because I can't begin to stress how many ads I've seen from this company that really do not follow the law to the letter. It reminds me of a "no hidden fees" ad, and when the customer got the first bill, a $6.95 access fee would appear along with a $35 activation fee.
B.C. judge orders Rogers to end 'misleading' ads
The Canadian Press
A court in British Columbia has ruled that Rogers Communications Inc. (TSX:RCI.B) cannot continue to claim it has "Canada's Most Reliable" wireless network without qualification, a move that comes as competition in the cellphone market becomes even fiercer with the advent of the holiday shopping season.
"Given the proximity of these proceedings to the pre-Christmas buying season, and the fierce nature of the competition in this highly profitable market, the commercial importance of this application is not inconsiderable," B.C. Supreme Court Justice Christopher Grauer said in his decision.
Tuesday's ruling is largely a victory for Telus Corp. (TSX:T), which asked the court to prevent Rogers from continuing to make the long-standing claim.
Telus argued that new networks put in place this month by it and Bell Canada had made it impossible for Rogers to claim superiority.
Grauer said in his ruling that he agreed with Telus when it argued that Rogers couldn't make the claim based on information that has become outdated.
Some Rogers ads include a fine print footnote with a disclaimer stating "most reliable network refers to call clarity and dropped calls (voice)... as measured within Rogers HPSA footprint and comparing with competitors' voice and data 1xEVDO networks."
Grauer said most consumers would not understand references to 'HPSA footprints' and 'EVDO networks' and therefore the ads give the general impression that Rogers is most reliable "period."
"Rogers must, on the evidence, be taken to know that its representation that it has Canada's most reliable network is based on a comparison that is no longer valid," Grauer said.
Telus also sought an injunction against Rogers claim to Canada's fastest network, but Grauer adjourned the application, noting that beginning Nov. 2, Rogers abandoned the claim and has made efforts to ensure the phrase is no longer used.
Grauer said he won't go as far as to order Rogers to pull existing advertising or promotional material with the claim and said he wanted to make the scope of the limitation on Rogers as narrow as possible.
The injunction will not have immediate effect, as the court works to figure out the precise terms of the order.
Grauer also said Rogers should have a reasonable amount of time to bring its advertising into compliance.
The judge ordered the two parties to work on the wording for a court order and adjourned the matter until Friday.
Rogers said in a statement issued Tuesday that it will take steps shortly to appeal the decision.
"We are perplexed by the decision. We continue to believe that our network reliability claim is valid," it said.
B.C. judge orders Rogers to end 'misleading' ads
The Canadian Press
A court in British Columbia has ruled that Rogers Communications Inc. (TSX:RCI.B) cannot continue to claim it has "Canada's Most Reliable" wireless network without qualification, a move that comes as competition in the cellphone market becomes even fiercer with the advent of the holiday shopping season.
"Given the proximity of these proceedings to the pre-Christmas buying season, and the fierce nature of the competition in this highly profitable market, the commercial importance of this application is not inconsiderable," B.C. Supreme Court Justice Christopher Grauer said in his decision.
Tuesday's ruling is largely a victory for Telus Corp. (TSX:T), which asked the court to prevent Rogers from continuing to make the long-standing claim.
Telus argued that new networks put in place this month by it and Bell Canada had made it impossible for Rogers to claim superiority.
Grauer said in his ruling that he agreed with Telus when it argued that Rogers couldn't make the claim based on information that has become outdated.
Some Rogers ads include a fine print footnote with a disclaimer stating "most reliable network refers to call clarity and dropped calls (voice)... as measured within Rogers HPSA footprint and comparing with competitors' voice and data 1xEVDO networks."
Grauer said most consumers would not understand references to 'HPSA footprints' and 'EVDO networks' and therefore the ads give the general impression that Rogers is most reliable "period."
"Rogers must, on the evidence, be taken to know that its representation that it has Canada's most reliable network is based on a comparison that is no longer valid," Grauer said.
Telus also sought an injunction against Rogers claim to Canada's fastest network, but Grauer adjourned the application, noting that beginning Nov. 2, Rogers abandoned the claim and has made efforts to ensure the phrase is no longer used.
Grauer said he won't go as far as to order Rogers to pull existing advertising or promotional material with the claim and said he wanted to make the scope of the limitation on Rogers as narrow as possible.
The injunction will not have immediate effect, as the court works to figure out the precise terms of the order.
Grauer also said Rogers should have a reasonable amount of time to bring its advertising into compliance.
The judge ordered the two parties to work on the wording for a court order and adjourned the matter until Friday.
Rogers said in a statement issued Tuesday that it will take steps shortly to appeal the decision.
"We are perplexed by the decision. We continue to believe that our network reliability claim is valid," it said.
