The plaintiff offered prepaid cards. In its advertisements, it claimed that every recharge of a prepaid card entitled consumers to a bonus. However, neither the advertisement nor the packaging of the prepaid card mentioned that the bonus expired thirty days after the prepaid card was recharged. This information was only made available on the plaintiff’s website and not in the shops where the prepaid cards were offered for sale.
The defendant held that this manner of advertising was misleading because essential product information was withheld from consumers which were, in this way, misled while taking a transactional decision.