Iliad was sentenced to pay a fine of 1.2 million euros by the Antitrust Authority because it was found guilty of deceptive practices. The matter of the dispute concerns some offers of mobile phone: the operator has omitted or provided unclear information on the conditions necessary to take advantage of 5G technology. In February, Iliad was instead taken up by the Jury for the advertising message of the Iliad box offer, which was judged to be misleading.
Omission and / or misleading formulation of essential information on mobile phone offers that include 5G services; misleading formulation of a promotional message relating to such offers. These are the accusations made by the Agcm against Iliad.
More specifically, the Authority ascertained that Iliad has advertised certain mobile phone offers underlining their compatibility with 5G technology, but not providing or providing the information in an unclear way necessary for the user to concretely exploit the latest generation network connectivity, in particular the verification of coverage territory of the Iliad 5G network and the possession of a 5G compatible device with operator-supported 5G technology:
These promotional communications were therefore not suitable for making the consumer understand that, in order to use the fifth generation network included in the offers promoted by Iliad, it was necessary to be under the geographical coverage of the 5G network of this operator and that it was essential to own a device enabled for this specific network. In fact, a smartphone, even 5G-enabled in general, cannot ensure the use of Iliad’s 5G network, where it is not included among the devices enabled for navigation on this network.
The advertising message was also contested which reads: 100 gigabytes, unlimited minutes and text messages in Italy and Europe. The message was sent via text message by the operator to former customers to promote the “Flash 100 5G” offer and deemed misleading because the consumer could believe that the included 100GB could also be used for traffic in Europe. In reality, in case of connection from other European countries, the traffic included in the offer was only 6GB.
The operator responds with a note to the recent sanction:
The sanction that Agcm has decided to impose on iliad concerns the only way in which the operator provides information on the territorial areas covered by 5G and the devices compatible with this technology. It seems to us an unjustified decision, considering the spirit of collaboration always shown and the numerous solutions proposed by iliad in the phase of confrontation with Agcm, as well as being deeply unjust, especially taking into account the fact that iliad constantly acts with great attention towards users and communicates these the same information in a much more transparent way than competitors do