Orcon has appealed an Advertising Standards Authority (ASA) ruling that upheld a complaint about its TV ad that featured Kim Dotcom saying, "join today and start living with truly unlimited broadband".
Complainants M Gordon and B Meyer disputed whether Orcon was offering truly unlimited broadband, saying Orcon could charge customers if it believed they were using too much broadband.
The majority of the ASA complaints board said the ad was ambiguous. "It was of the view the average consumer would associate the word unlimited with data and truly to speed," the decision said," however it noted the original plan was shaped or limited".
"The majority of the complaints board said Orcon's Fair Use policy that charged for extra use, even if that use was excessive, was a limit and as such contradicted the claim of offering truly unlimited data."
Orcon says it cancelled its Fair Use policy last week and had never previously enforced it.
“While we have had unnoticeably small traffic shaping on peer-to-peer downloads in the past, there are now no implemented restrictions whatsoever on our unlimited plans so on those grounds we have appealed the ASA’s decision,” says CEO Greg McAlister.
He says some customers are using nine terabytes per month on its residential unlimited plans, "which shows just how unlimited [the plans] really are".