False advertising

Saturday, 9 September 2017 I went to the Mall@Reds MNT store to do an upgrade. I decided on the Samsung Galaxy S8 My MTNChoice+ S deal for R679pm for 24 months, which includes the Free Samsung Galaxy J5 Pro. To my disappointment, Kenneth – one of the shop assistants – advised me that MTN is waiting for stock on the Samsung Galaxy J5 Pro, so the chosen contract is not available. I asked whether we can proceed with the upgrade and when stock arrives, I will come and collect, and he said no, it is not allowed. There was absolutely no customer service or assistance from any of the staff.

So MTN – if it is not allowed, WHY DO YOU ADVERTISE THE DEAL IF NO STOCK IS AVAILABLE. And why is there no alternative. THIS IS FALSE ADVERTISING!!! False advertising is the use of misleading, false, or unproven information to advertise products to consumers. As per the South African Consumer Protection Act, No 68 of 2008, suppliers are not permitted to provide false, deceptive or misleading representations regarding services and products. It is also stated that “If the supplier fail to deliver goods, these suppliers must supply equivalent or superior products to the discretion of the consumer. In the MTN booklet AND on your website, you advertised the deal I was interested in and couldn’t deliver. There is even a Right to accountability by suppliers. And as I understand it, MTN is my supplier. Samsung is MTN’s supplier, but that part has nothing to do with me -YOUR CLIENT.

Anyway, I proceeded with the upgrade. On the contract, Kenneth wrote the words – “not getting Samsung Galaxy J5 Pro, and ask me to sign it, as if I agreed to not take the J5. Why?

I am really not happy, and therefore I am requesting MTN to either cancel my upgrade (which only include the Samsung Galaxy S8), and give me the deal as mentioned above or give me a similar option.

If you can’t deliver on the deal as advertised, I seriously intend to take this matter further.