Recent concerns about widespread misleading marketing of mobile ring tones by internet advertisers has led to an Australian Competition and Consumer Commission crackdown on the sale of so-called 'real' or 'true' tones.
"The ACCC has become aware that a large number of traders are marketing what they call 'real' or 'true' tones in a way that may mislead consumers into believing they are buying a ring tone of their favourite artists singing", ACCC Chairman, Mr Graeme Samuel, said today. "But they are really downloading a 'cover' version performed by unknown or sound-a-like artists.
"In most cases, the conduct of concern involved the use of well-known artists' names and/or images next to the song titles. Without an effective disclaimer, the ACCC believes such conduct is likely to lead consumers to conclude that the named/pictured artist performed the ring tone song. The conduct targeted by the ACCC was not limited to marketing contained on websites but also those advertisements in magazines and broadcast on television.
"For music lovers, particularly young Australians, getting an unknown singer on their ring tone instead of the real James Blunt or the Veronicas, is a great affront, especially when they have been charged a premium", Mr Samuel said.
The ACCC has written to the operators of more than 20 sites, both locally and internationally, including Europe and the United Kingdom, to put them on notice.
"Ring tone promoters have been asked to replace the words 'real' or 'true' tones with the term 'cover tones' to better reflect the ring tones being sold.
"Additionally, the ACCC has asked that disclaimers be provided in a prominent, meaningful and contemporaneous manner so as to adequately dispel any misimpressions that are likely to arise. The ring tone traders were given a two-week deadline to address the ACCC's concerns.
"So far, the results have been very positive with most traders willing to comply with the ACCC's requests.
"However this is only the tip of the iceberg in what appears to be an industry wide practice. Those websites that were not contacted but are engaging in misleading marketing of ring tones should review their practices to identify whether they might be breaching the Trade Practices Act".
The ACCC will continue to monitor the marketing practices of ring tone traders to ensure they are not deceiving consumers about the nature of their ring tones.
"The ACCC would like to remind consumers, particularly young Australians, to take the time read up on ways they can protect themselves from misleading ring tone marketing. One useful resource is, Ring tone mayhem, which contains relevant information previously issued by the ACCC and is available on the ACCC website.