misleading swap your phone & contract terms display

[Q4quality]

Not quite sure how folks at Sky get away with misleadin

[63johnw]

Hi @Q4quality  would you like to share what you found to be misleading ?

[Q4quality]

@63johnw

Please check the above image with highlighted area.

In my opinion, folks at Sky are sailing very close to a thin line with advertising/product labeling standards.

One could easily argue that they are misrepresenting the actual contract terms(36 month) in the small print.

Interestingly, they are doing this to increase the traffic & clickthru rates as the previous page displays £20 per month contract. Dubious practice in my opinion, am no expert in this area.

[Daniel0210]

@Q4quality 

This is not something new. I ordered 3 iPhones from Sky in July 2018 on Swap24 which was clearly advertised as a 36 month contract and after 24 months you can swap which we did. I would imagine Skys legal team and advertising teams got their heads together many years ago on this. . 

[Q4quality]

@Daniel0210 

Agree, this may not be illegal.

But advertising standards and trad

[Q4quality]

contd...

trading standards may have a different view as the real contractual cost and terms is 'hidden'.

Sky being a rich corporation can field enough lawyers to argue on the font size statictistical comparision.

Sky is the only mobile company I have seen sorting contract terms based on swaping period. 

[63johnw]

 Not really sure it's hidden @Q4quality  it's shown on the page you have highlighted 🤷‍♂️. As mentioned by @Daniel0210  these contracts have been around for many many years so if there was an issue it would have been stopped by now. From a personal view if I am signing a contract for thousands of pounds I make sure I have read everything so nothing is "hidden". 

[Q4quality]

@63johnw 

As I said, am no expert in this area.

It doesn't matter whether this practice of selling has been on for 3 years. 

in my view, Sky are  misleading the actual contract term (legally 36-month) by showcasing an optional feature of "Swap". The fact is, the customer has no obligation to swap legally, but terms are enforced for 36 months to pay (which is NOT optional and given in small print) compared to 24 months which is in large print. Contentious say the least and hope you'd agree with that.

[63johnw]

Sorry @Q4quality  but don't agree, the monthly payments being lower than all other networks should also lead people to investigate more, as already stated that I can see the full term contract without much investigation as it's obviously shown.

You could always report it to trading standards if you feel it's unfair and see what they say. 

[daveNOS]

@Q4quality The only way it could be considered missleading is if the length of contract was only mentioned in the T&C's, and thats not the case its clearly stated on every phone(in the same place that you highlighted in your screen grab).

Trading standards will not take any interest as Sky are doing nothing wrong at all.

[Q4quality]

@daveNOS @63johnw 

I agree with your points, however the contentious bit am highlighting is "Swap" months highlighted in bold compared to the actual contract month.

There is no debate - Swap is just a marketing feature (which is designed for Sky to make more money after X months). The contract term is legally enforceable and is a key aspect of consumer decision making .

One could argue that Sky has designed that to target the vulnerable customer and violates acceptable content legibility guidelines for displaying prices based on acceptable marketing standards adopted by other players in comparison operating in  the same market of selling contract phones.

[63johnw]

If that's the way you see it then fair enough @Q4quality we will have to agree to disagree and move on. 

[PandJ2020]

I think it's clear too but I tend to read and understand what I'm committing to.

However, many do seem to be 'confused' by the scheme names.  It seems some think swap24 is a 24 month contract - but it clearly states (imho) that it's a 36 month contract and the 24 only refers to the point you can swap.  But swap is ending one contract and starting another...  (the idea being the residual credit is covered by the value of the device)

Likewise. Swap36 is a 4 year contract (to purchase outright)

it's worth noting that the total amount payable can be higher than other vendors

but as noted one should do research before committing but sadly I guess many are focused on the monthly payment...

I too think it's on the right side of legal but I can see why some think otherwise.

[daveNOS]

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@Q4quality wrote:

@daveNOS @63johnw 

I agree with your points, however the contentious bit am highlighting is "Swap" months highlighted in bold compared to the actual contract month.

There is no debate - Swap is just a marketing feature (which is designed for Sky to make more money after X months). The contract term is legally enforceable and is a key aspect of consumer decision making .

One could argue that Sky has designed that to target the vulnerable customer and violates acceptable content legibility guidelines for displaying prices based on acceptable marketing standards adopted by other players in comparison operating in  the same market of selling contract phones.

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@Q4quality The bit i've bolded in your last message is wrong, you can't argue that Sky has designed it to target vulnerable people and it doesn't violate any marketing standards(if it did they would have been forced to stop doing it long ago), they do highlight that bit more as its a unique selling point for the brand and that option will appeal to a lot of people, there is nothing wrong or illegal in doing that especially as the other relevent and necessery information is readily available directly under it.

I get you seem to have an issue with this and your entitled to do so, but Sky are not doing anything wrong and trying to find ways to justify they are is simply wrong.

[Q4quality]

• you can't argue that Sky has designed it to target vulnerable people and it doesn't violate any marketing standards

Well, one can also NOT argue that Sky's way of highlighting  a marketing feature of SWAP months is the most accepted way of designing a monthly contract selling business. 

Companies and people do anything to get "attention", in my view this is a bad practice to get sales attention.  And potentially, affecting vulnerable people.