A1 deceives customers with a fake iPhone offer!
A1 Telekom Austria AG promoted the iPhone 13 mini on its Facebook and Instagram platforms under its brand "yesss!", offering it at a significantly reduced price during the summer. However, once the ad was clicked, the phone appeared as "out of stock," while users were directed to other products. It later turned out that the company only had 45 units of the phone, which in no way covered the expected demand.
Based on a complaint from the Verein für Konsumenteninformation (VKI) and commissioned by the Ministry of Social Affairs, a lawsuit was filed against A1. The Commercial Court in Vienna and the Court of Appeal in Vienna upheld the lawsuit, considering the advertisement for an unavailable product as illegal conduct and misleading commercial temptation. The ruling has become final.
The courts confirmed that any entity advertising a specific product must ensure its availability in sufficient quantities. Mentioning 'subject to stock availability' is not sufficient if the actual stock is far from meeting the expected demand. Dr. Barbara Bauer, the legal advisor at VKI, emphasized that the advertising company must prove that it has done everything necessary to meet the demand.
VKI considered that this ruling represents a strong signal against misleading advertising in e-commerce. Offers similar to what A1 did should not be used to attract consumers just to show them other products. Bauer emphasized that "consumers should be able to trust advertisements."
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