October 23, 2000
WebTV Networks, Inc., a marketer of Internet access devices, has agreed to settle
Federal Trade Commission charges that advertising for the WebTV system was deceptive, in
violation of federal law.
The settlement will bar WebTV from making deceptive advertising
claims about the performance capabilities of the WebTV system, require clear and
conspicuous disclosure of long distance telephone toll charges that some consumers may
incur while using WebTV, and require reimbursement to certain former WebTV Internet
service subscribers for long distance charges they incurred in the past. It also calls for
a consumer education campaign -- to be carried out in major magazines, in retail stores
and on the World Wide Web -- to inform consumers about how to determine the advantages and
disadvantages of using Internet access devices as compared to computers.
WebTV, a subsidiary of Microsoft Corp., is based in Mountain View, California. It advertises and promotes the WebTV system, consisting of a TV set-top box and an Internet service which, together, allow users to connect to the Internet through a television set -- without a computer. It licenses its technology to Sony, Philips Electronics and Mitsubishi, which manufacture the boxes, called "WebTV Receivers." WebTV sells the Internet service, called the "WebTV Network," for a flat monthly fee.
"It's safe to say that most consumers want to know what a product can or can't do before they buy it," said Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection. "It's also safe to say that not all Internet access products are created equal. Web TV's consumer education campaign will give consumers the information they need to make an appropriate purchasing decision."
According to the FTC's complaint, advertisements for the WebTV system claimed that it provided access to all of the Internet's entertainment and information and that it was equivalent to a computer with respect to its ability to access Internet content. For example, WebTV ads included statements such as "Complete . . . Internet access" and "WebTV brings all the incredible entertainment and information of the Internet right to your TV." The company also advertised that it would provide upgrades to the WebTV system to keep users current with the latest Internet technology.
The FTC complaint alleges that these advertising claims are deceptive. In fact, WebTV
system users are unable to access all of the content on the Internet. Some of the content
that is unavailable to WebTV users includes files created using popular data formats or
programming languages, such as "late-breaking" or archived news stories provided
by Web sites in certain "streaming video" formats, and games or chat rooms in
the "Java" programming language. Furthermore, WebTV users cannot download,
store, or run software available on the Internet. In certain cases, they also may not be
able to display Web pages, open e-mail attachments, or play music files online.
The FTC
further alleges that WebTV's upgrades to the WebTV system have not kept users current with
the latest Internet technology, by failing to provide certain commonly used Internet
technologies for audio, video, interactivity and multimedia.
The FTC complaint also alleges that ads for the WebTV system failed to adequately disclose that a significant percentage of consumers would incur long distance telephone charges while they were connected to the Internet when using the WebTV system. The agency alleges that the failure to adequately disclose that fact is deceptive.
The proposed settlement will bar misrepresentations about the performance capability of
Internet access devices and Internet services. Future claims about the cost of any
Internet access product or service must be accompanied by a clear and conspicuous
disclosure about possible long distance telephone toll charges. Similar disclosures must
also be included on the log-on screen that appears before the product connects to a long
distance number, as well as in any introductory kit provided to new subscribers. Certain
consumers who canceled their WebTV Internet service within 90 days of subscription and
identified long distance charges as a reason for canceling will be reimbursed by the
company.
Under the settlement, WebTV also will establish a toll-free customer service
telephone number to handle inquiries about long distance charges. It will also inform
advertising agencies, retailers, and manufacturers for WebTV to cease disseminating
advertising and promotional materials that contain claims prohibited by the settlement,
and make clear and conspicuous disclosures concerning long distance charges.
Finally, WebTV will initiate a two-part consumer education campaign that will include advertisements in Good Housekeeping,
Modern Maturity and Newsweek magazines and a consumer brochure titled "Getting Online: Using Internet Access
Products" that will be made available at retail locations that sell WebTV and
on WebTV's own Web site.
The consumer education ad and brochure explain that, in many cases,
Internet access devices are easier to use and less expensive to purchase than many
personal computers, and provide other unique benefits. There may be tradeoffs, however,
between Internet access devices and personal computers in their ability to provide access
to material on the Internet. It is important to compare the capabilities of Internet
access devices to each other and to personal computers. Consumers are encouraged to find
out what "access" means before they buy. Limitations vary, depending on the
device and, in some cases, the service it uses to connect to the Internet. The settlement
also includes record keeping provisions to allow the agency to monitor compliance.
