The Paris Court of Appeal ruled in favor of Rural Families against Free Mobile for misleading advertising regarding its 5G network capabilities. The court found Free’s claims about “ultra-fast speeds” and extensive coverage to be deceptive. While Free focused on a lower frequency for broader coverage, it compromised on speed. The court ordered Free to pay €15,000 in damages, and Rural Families plans to pursue a class action for consumers misled into purchasing expensive 5G devices.
Ruling Against Free Mobile for Misleading 5G Claims
The Paris Court of Appeal has ruled in favor of Rural Families, a consumer advocacy group, against Free Mobile for their deceptive marketing regarding the performance of their 5G network. The group accused Free of intentionally misleading consumers concerning its network capabilities.
During the promotional campaign for the launch of 5G in late December 2020 and early January 2021, Free advertised “ultra-fast speeds up to three times faster than 4G” and assured subscribers of “no additional cost.” Furthermore, Free claimed that “40% of the population in France is already covered by 5G,” a statement that the court deemed misleading, alongside the coverage maps featured on their website.
Understanding 5G Frequency Bands
Rural Families highlighted the existence of three distinct 5G frequency bands (700 MHz, 3.5 GHz, and 26 GHz), each with unique characteristics affecting speed, coverage, and penetration. Unlike its competitors, Free initially concentrated on the 700 MHz frequency, which, according to Arcep’s latest 5G deployment report, has 19,542 5G sites operating at 700 and 800 MHz. In contrast, Orange has only one site, while SFR and Bouygues Telecom have none.
While this lower frequency provides extensive coverage—up to 2 km in urban areas and 8 km in rural settings—it sacrifices speed and latency. The court noted that while the monthly price of a 5G plan does not exceed that of a 4G plan, consumers must purchase a new, often more expensive, 5G-compatible device to access the benefits of the new network.
The Paris Court of Appeal has ordered Free to compensate Rural Families with €15,000 for the damages incurred, a figure significantly less than the €1.3 million the association initially sought.
Looking forward, Rural Families plans to initiate a class action to seek compensation for consumers who had to invest in costly phones to enjoy the speeds that were inaccurately advertised. “The economic impact is clear, and now it is time for Free Mobile to make amends to its customers,” they stated.
Free has chosen not to comment on the ruling. However, it is important to note that the telecom industry as a whole may have exaggerated the potential of 5G during its launch four years ago. The true advantages of the new standard—such as significantly higher speeds and lower latency—are expected to be realized only with the introduction of standalone 5G, which operates independently of existing 4G infrastructure.