Is Using 'Up To' Speeds In Your Broadband Promotion False Advertising?
from the questions,-questions dept
For many, many years we’ve been among those pointing out the habit of broadband providers to use “up to” descriptions of their speeds. That is, they say “up to 3Mbps” or “up to 144 kbps” or whatever it is they’re advertising. Of course, the “up to” speed is under perfect conditions on a clear day when no one else is using the system if you’re using some experimental equipment and standing 3 feet away from the source — or something like that. A few years ago, we even asked how come no one ever sues companies advertising this way for false advertising? Well, down in Australia that might finally be happening. The Australian equivalent of the FCC is apparently warning ISPs to come clean about their advertised speeds, specifically focusing on the mythical “up to” speeds that no one will ever achieve. Of course, we still think the most creative suggestion in dealing with these bogus advertised speeds is that consumers should get to pay some amount “up to” what they’re billed if they’re not getting the speeds promised.