When Donald K. went to update his Magellan GPS with the latest map, he got a nasty surprise. Despite being advertised as coming with “FREE lifetime map updates,” he was informed that his unit did not qualify.

Seems pretty unambiguous, right? “Free lifetime map updates.” “Never worry about out-of-date maps again.”

However, farther down the page on Magellan’s website is an inconspicuous disclosure.

*MOUSE PRINT:

Magellan astonishingly defines “lifetime” as just “three years” from the date of manufacture. That is certainly not how the average consumer would define lifetime. Nor how the Federal Trade Commission wants its definition disclosed:

§ 239.4 “Lifetime” and similar representations.
If an advertisement uses “lifetime,” “life,” or similar representations to describe the duration of a warranty or guarantee, then the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, the life to which the representation refers.

And the FTC also bans the deceptive advertising of guarantees.

Clearly, the disclosure that Magellan makes is not conspicuous, nor in close proximity to their “lifetime” claims. Further, their warranty is really a specified term of years — three — and not an unlimited warranty time-wise as the term “lifetime” implies.

Making the lifetime to which the warranty applies to the device’s own lifetime is circular reasoning. In essence that says the device will last only as long as it will last and then you’re out of luck. And in Magellan’s case, they are even cutting that short.

We asked a spokesperson for the company why they continue to use the misleading term “lifetime” to describe their three-year warranty, and whether they will grant access to map updates to purchasers who feel they were deceived. Here is their response:

We sincerely apologize for any confusion we may have caused to consumers about “lifetime maps” on our Magellan GPS devices. Typically with electronics, “lifetime” refers to the useful lifetime of the device, and for most GPS devices the useful life is about 3 years. Magellan honors customer requests for lifetime map updates as long as the device is still capable of being updated. For support, please visit https://service.magellangps.com/ [and fill out the “contact us” form].

One can only wonder what she meant by saying the device has to be “still capable of being updated” rather than simply saying that as long as the device was still functional they will provide map updates.

Thanks to John Matarese of WCPO-TV for the original story idea.