Cell C chief legal officer Zahir Williams told TimesLIVE: “The customer complaint was determined by ARB without any input from Cell C. The ARB is a voluntary and not a regulatory organisation whose rules apply to members only. Cell C is not a member of the ARB and therefore not obligated to participate in its complaints processes. Customers with complaints are encouraged to engage with our customer care team and also have the option of lodging complaints with the Independent Communications Authority of South Africa.”

The ARB considered the complaint “based on the information at hand” because it was obligated to “consider and issue a ruling to its members [which is not binding on non-members]” on any complaint.

“If you are not a member and do not submit to the jurisdiction of the ARB, the ARB will consider and rule on your advertising for the guidance of its members. The ARB will rule on whatever is before it when making a decision for the guidance of its members. This ruling will be binding only on ARB members and on broadcasters in terms of the Electronic Communications Act,” the ARB said.

The board found that because the customer was unable to purchase the advertised deal, the advertisement was misleading.

However, Cell C has objected to the finding, saying the deal is available and the advertised promotion was therefore not false.

“Cell C retails the offer in question, which is available online and at select stores. Cell C is therefore not misleading any customer with this offer, which will continue to be advertised in store until February 13,” Williams said.

TimesLIVE