The court held that the expression “unlimited” used to describe the amount of services offered should not be interpreted literally when establishing the misleading nature of the advertisement.
Rather, the advertisement should be assessed against the actual consumption of such service by an average consumer.
Data regarding the actual consumption in the plaintiff’s fixed telephony network showed that a single consumer had never placed fixed-line telephone calls exceeding the limit of 3,600 minutes. This led the court to the conclusion that the offer for 3,600 minutes of fixed-line calls was equivalent to providing an unlimited service.
Moreover, the information about the limit was available on the plaintiff’s website. Each consumer with internet access could become aware of the applicable limit and take an informed decision regarding the acceptability of the offer.
As a result, the court concluded that the defendant’s finding that the advertisement was misleading was unfounded.
URL: http://www.sac.government.bg/court22.nsf/d6397429a99ee2afc225661e00383a86/ebc25343f6917aa8c22578a9004991df?OpenDocument
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