ASA Bans Three From Making “Misleading” 3.9G Claims

Three has been banned from using the term ‘3.9G’ to describe its DC-HSPDA network by the Advertising Standards Agency (ASA), which upheld a complaint from rival operator EE that the claim was misleading.

EE challenged a number of press, tube and online adverts that mentioned ‘3.9G’ because it believed the term implied that Three’s service was very close to 4G. EE also said Three’s boast that “our ultrafast network is built for more” could not be substantiated.

Three said that 3.9G was not a technical term but was used to demonstrate that DC-HSPDA was one step below 4G and that it was better than standard 3G, adding that the technology was even described as 4G in the US.

3.9G claims

The company also defended its ultrafast claim, arguing that the message was intended to show that technology is only part of the story and that other network factors could influence speed and quality, and that no comparison was being made with a rival.

However the ASA disagreed, stating that although the adverts didn’t state 3.9G was a technical term in the telecoms industry, it did imply that it was substantially faster than 3G and very close to 4G while no evidence was provided to support such claims. The ASA also took the view that Three was comparing itself to its 4G competitors .

The offending adverts must never appear again in their current form and the ASA has told Three to ensure future claims do not mislead.

Ultrafast boasts

“We’re pleased the ASA agrees that this ad was misleading,” EE concisely expressed its joy. Three had not responded to our requests for comment at the time of publication.

Three was the last British operator to launch a 4G service late last year and has long preferred to talk of ‘ultrafast’ networks rather than any specific technologies such as 4G, claiming that the terminology is irrelevant if customers are not receiving a good service.

It started rolling out LTE in Birmingham, London, Manchester and Reading last month, and will reach 50 towns and cities by the end of 2014, but said users should experience no immediate impact to its service because its existing network was so good.

“We’ve been pushing 3G to the limits,” CEO Dave Dyson told reporters in London in December.

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