ACCC threatens dodgy telcos

Australian Competition and Consumer Commission (ACCC) chairman Graeme Samuel today warned the telecommunications industry that it would face additional regulation and court action unless it stopped misleading and cheating consumers.

Graeme Samuel

ACCC chairman Graeme Samuel (Credit: Suzanne Tindal/ZDNet.com.au)

"Today the ACCC is putting the telecommunications industry on notice: misleading and unfair contracts, inadequate disclosure and subscription scams are all in our sights," Samuel said, speaking at the Australian Telecommunications User Group conference today. "Standards must improve or risk increased scrutiny and action."

Samuel said that consumers were often being left out of pocket, frustrated and with services they didn't want as the result of misleading advertising, false information and difficult unsubscribe mechanisms.

"While the ACCC would not normally address issues at a general industry level, there seems to be a broad awareness developing that the telecommunications industry is not consumer-friendly," he said.

The industry received the most complaints of any sector, according to Samuel, with the top 10 complaint areas bearing the names of the top four communications providers, which sat at positions one, three, seven and nine.

"It's not something that the industry can be in any sense proud of," he said. "The risk is, if this continues, the industry's reputation with consumers may be irretrievably damaged."

Some of the problem products he mentioned in his speech included phone cards, mobile premium services, peak broadband speeds, standard form contracts and "unlimited" or "free" slogans in advertisements.

"There is a significant volume of content which it appears is intended to deceive and entrap and that is illegal," he said. "We are drawing a line in the sand. We are saying to the poor performers — and there are many of them — mend your ways."

He concluded with the hard line, including threatening court action and flaunting new penalties which will be made possible by changes in the Trades Practices Act, due to occur soon.

"Operators should consider themselves on notice. If you mislead or deceive, if you withhold important information, if you fail to adequately disclose exclusions or limitations or create a wrong impression in your advertisements, you risk breaching the Trade Practices Act and in the next couple of months you potentially risk penalties in excess of $1 million per offence," he warned

"We will use the full suite of tools available to us including court action to correct the careless and stop the shonks as we continue to attempt to protect the interests of Australian telecommunications users," he concluded.

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Talkback 6 comments

    Deal or no deal Mel Sommersberg -- 13/03/09

    Is there a prize for guessing correctly who is at the top of that list by a country mile? I bet it is not the ISPs I use. They are, generally speaking, fair, reasonable, trustworthy, reliable and provide a stable service for a fair price.

    Any excuse will do Anonymous -- 13/03/09 (in reply to #320125606)

    Mr Smell Some Hamburgers will use any excuse under the sun to attack that company he is alluding to, he may not mention it by name but we all know who he is talking about. When was the last time the ACCC took that company to task and actually won their argument? Seems like the ACCC is waking up to the fact that there are hundreds of worse telcos out there and that while they were focusing on the big targets the smaller ones were being allowed to run rampant.

    Telco's Anonymous -- 14/03/09 (in reply to #320125609)

    So no-one wants to mention Telstra by name? why not.
    To answer this comment, yes; there are plenty of worse telcos. But Telstra have the market power to screw with many more people.
    A guy who was selling me telco services on behalf of Testra described them as "the best of a bad bunch"
    About time the ACCC kicked the all into line, starting with the one that affects the most people..

    re: any excuse will do John O'sullivan -- 14/03/09

    i'm sure there's some small telcos who instead of investing in advertising prefer to get similar names to major telcos and trick old people into churning to them. you know who you are!

    Dodgy Telcos CAT -- 18/03/09

    I guess, there must be at least one T-Mobile or Jamba/Jamster! branch in Australia then ?;-)

    Yes, the BILLER is responsible Graeme Harrison (prof at-symbol post.harvard.edu) -- 18/03/09

    I've always wondered how the telcos could claim "It has nothing to do with us" when they add spurious items from third parties to your bill.
    The responsibility for dodgy contracts, lack of disclosure and non-terminable contracts MUST eventually lie with the party billing you.
    The real answer is that the ACCC should state that people when establishing a telco account can indicate which categories of items they bar on the service. Currently Telstra charges you a monthly price to 'insure' youself against additional unwanted premium services. Given the practices thus far, barring against all forms of premium services ought be FREE.

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