Did Telstra mean to mislead in Next G adverts?

Telstra probably knew its Next G advertising campaign was misleading and expected to write it off as the "costs of doing business", according to an IBRS analyst.

Yesterday, the Federal Court ruled that Telstra's Next G advertisements, which claim the network would provide coverage "everywhere you need it", misled consumers.

This will not affect Telstra in the slightest and was likely part of its marketing strategy, IBRS analyst Guy Cranswick told ZDNet Australia today.

Companies often make marketing claims which they know will be picked up by the regulator and see how long it takes until they are stopped, according to Cranswick.

"This sort of marketing and legal strategy is quite common, and that's not just Telstra," said Cranswick. "That's many, many companies".

Telstra's marketing campaigns are no different to others, labeling its strategy a "bandwagon campaign".

The complex nature of technology products and consumers' difficulty comprehending key benefits means that advertisers can rely on brand names to win consumers over, even if it requires distorting the truth.

"Technology is very, very complicated and people will make decisions around big names," said Cranswick.

The negative publicity of the case will not have a large affect because the market is closed and there are not a lot of other options, said Cranswick.

"Telstra can weather that sort of problem," he said.

Telstra's misinformation in this instance will strengthen the argument for Telstra to be broken into parts, said Cranswick. "I think that Telstra's actions give adequate argument ... for the new government to look at how the structure of communications is run in this country."

Labor promised before the election that it would introduce a tougher operational separation regime for Telstra.

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Talkback 24 comments

    Telstra & Legal Anonymous -- 08/12/07

    Dont know what more Telstra can do - all marketing needs a sign off by BOTH internal AND external lawyers.

    Damage the successful. Sydney Lawrence -- 09/12/07

    Typical Telstra bashing, the tall poppy syndrome being used to damage Telstra. Check numerous other adds in Australia and if you want to nitpick the same argument used against Telstra could be mounted.

    Its OK Anonymous -- 10/12/07 (in reply to #320091316)

    By your resoning, that means rape must be OK because other people do it.

    Justice for all. Sydney Lawrence -- 10/12/07 (in reply to #320091375)

    No. I mean give every rapist the same sentence.

    Tall Poppy Syndrome??!! Anonymous -- 10/12/07 (in reply to #320091316)

    You have to be kidding.
    Telstra's wireless broadband service is an absolute farce!
    I have dealt with many consumers who bought it and all but one of them are severely disappointed with the hopeless range and speed of the Next G network!

    Something wrong somewhere. Sydney Lawrence -- 10/12/07 (in reply to #320091397)

    Hear what you say but tell me how can Telstra be so popular and be number one by a country mile if nobody is happy with their service?

    It's called a monopoly Ferris -- 11/12/07 (in reply to #320091402)

    Remove the wholesale market from them. Put them on a level playing field with all their competitors and then see how long they are competitive for.

    Perhaps fines for corporations blatantly misleading consumers in this way should should be based on the size of the corporation. In Telstra's case, it should be in the hundreds of millions $$. Then we will see a stop to it all. Corporations would think twice. They have been able to get away with this sort of behavior for way too long.

    Something wring somewhere. Ted Bolton -- 12/12/07 (in reply to #320091402)

    Hear what you say but tell me how can Telstra be so popular and be number one by a country mile if nobody is happy with their service?

    Someone mentioned "MONOPOLY" but don't forget saturation "ADVERTISING" funded by customer gouging and fixed term contracts with extortionate penalties for withdrawal.

    Sydney..Your kidding...RIGHT?? Keith Styles -- 12/12/07 (in reply to #320091402)

    You know the answer to those preposterous suggestions better than most.

    It's the monopoly & don't try to kid us it isn't.

    As for Telstra's service,...well it does no more than is absolutely necessary providing it balloons the bottom line to shareholders.
    Users needs and service are way down the list of priorities.

    Just wait till Sen. Conroy gives the ACCC all the powers it needs to real in your monopoly behaviour. You wont be so cocky then!

    Wake Up! Michael -- 20/12/07 (in reply to #320091574)

    Why don't youse all just wake up! Youse don't get it! Telstra IS a BUSINESS. What kinda business would survive if it gave away all of its services for free???? Telstra can do what ever they like! Look around all you ever hear are the negatives what about all the positives that Next G will bring to us. TELSTRA HAS DONE MORE FOR THIS COUNTRY THAN ANY OTHER TELECOM!!!!

    Wake up Simon -- 21/12/07 (in reply to #320092018)

    Many businesses thrive on good service delivery and retain their customers for many years in the face of competition. Telstra can do what ever they like (and does) but eventually the market will become educated and market share will fall. I'd agree that Telecom Aus did much for this country but Telstra? You must be kidding?

    OMG Anonymous -- 02/01/08 (in reply to #320092018)

    Michael, Telstra is as you know, a business, and like most others, is crap, there are few business's that work for the benefit of the customer. It is difficult to understand why anyone would be a fanboy of a utility company, for gods-sake, grow up and get life. Telstra, like any other business, will screw you over day in day out, all while massaging your ego and whispering sweet nothings in your ear.
    No one has postulated that Telstra should give away all of its services for free, so just calm down, all that some people are saying is that Telstra (and other business's) should engage with community with a positive approach, and this will lead to positive rewards, instead of creating an entity that most people despise, despite their ongoing dealings with them.

    What more can Telstra do? Anonymous -- 10/12/07

    Get straight to the point and fix this bloody thing they call NextG.

    What more can Telstra do? Anonymous -- 10/12/07

    Everyone is quick to complain about NextG. Really, if you don't want it, dont get it! Go to the opposition and see how good that compares with NextG coverage.

    Perhaps stop the misleading claims Ferris -- 11/12/07 (in reply to #320091404)

    They sign you up to a 2 year contract and charge you an arm and a leg to get out. In this age of rapidly changing technology, who needs to have a 2 year contract. Too many loop holes in their contracts about their quality of service requirements. Their should be a minimum 3 month option to cancel a plan to give people a real chance to use the service and ensure it meets the claims made by the company (not just Telstra).

    3 Month Opt out Simon -- 12/12/07 (in reply to #320091458)

    I agree with you Ferris, a 3 month trial period would solve most of these complaints. If the service provider (whoever that is) doesn't deliver, then the customer should have the option to cancel with no penalty.

    What more can Telstra do? Anonymous -- 20/12/07 (in reply to #320091404)

    I had NextG for free with Telstra pre-release phones - it was only good for weather and news while waiting for the train, and even then the novelty wore off. Mobile TV rendered the phone useless (the battery would go flat after 20 minutes).

    BTW, I also had access to Telstra's network usage reports - it's amazing what size bills teenage girls can rack up late at night. I sort of felt my job was really pointless.

    Damnation that the contract expired though for it was easy money for only working just a little bit harder than those around me - which wasn't too difficult.

    2 year contract???? Michael -- 20/12/07 (in reply to #320092000)

    What is wrong with you! All Telecom companies have 2 year contracts! With Telstra YOU DO NOT HAVE TO GO ON TO ANY FIXED TERM CONTRACTS! They do have plans where they dont lock you in. Don't put crap on something that you have no idea about!

    What more can Telstra do? Anonymous -- 04/01/08 (in reply to #320091404)

    Even with a 2 billion dollar budget the outcome would have been exactly the same.

    I was privy to witness the locust feeding fest during the Telstra/Ericsson rollout of NextG - it was not pretty. I saw people claming to have made their first million, I saw bullcrap performance criterions, I saw favours/deals done for mates.

    What I didn't see was much care or concern for the potential new customer - that was a marketting problem.

    I've seen WCDMA in action when living in Europe and really hoped it would be a success in Australia. But Telstra are Telstra and nothing is going to change on their greedy ways.

    I still have hope that Telstra delivers a reliable NextG network, but that requires people like you and me to really lash out at the self serving greed that is hindering this outcome.

    Hello From Fremantle Anonymous -- 13/12/07

    I remember the ad where they try to say that new areas are covered thus 'hello from Fremantle' was shown along with other regions, but Fremantle was already covered by normal gsm and 3g by them and other carriers.

    Telstra & Legal Lord Watchdog -- 18/12/07

    To the original poster, Anonymous - All marketing activities in all large companies are reviewed by solicitors before getting the nod so your point is moot.

    Solicitors are human and are just as mistake-prone as the rest of the human race, even if you don't believe this to be the case.

    Without particular reference to Telstra's solicitors or any other specific part of Telstra, Telstra has a track record for stuffing up and has been taken to task countless times due to questionable or allegedly questionable advertising techniques on their part.

    If you have a problem with any of what I said then I will have to ask you how much of the folding stuff Telstra is sending your way for echoing their 'not guilty' plea.

    Apples for Apples, or is that Lemons? Keith no Styles -- 21/12/07

    The laws that apply to Telstra should apply to all companies, Telco or not. I lodged a complaint with the ACCC about an advertisement for a laptop that stated, "weighs nothing does everything", have I heard anything? NO. Why? I suspect because they are not on the ACCC "hit list".

    Telstra is on the hit list, the other Telco’s are not! If you need proof just research the number of action taken by the ACCC against Telstra versus all other Telco’s combined.

    As usual people like Keith (kicked out of Telstra and now professional Telstra bagger), Ted and the so called Watchdog want to turn a story about the ACCC monitoring advertising into a Telstra whinge session.

    Why not stick to the story and put up real arguments instead of the usual one liner.

    The law is the law and justice is blind, if only the people who interpret the law are the same.

    False advertising? Sydney Lawrence -- 22/12/07

    Have just read an advert. by iPrimus.
    It states "do your bit for the environment today by choosing Australias only green broadband service". What the hell does that mean.

    Some small truths... Anonymous -- 29/12/07

    1. Telstra is LOSING market share in this country. Old style business running in an outdated fashion (new connects vs churn against its competitors).

    2.Being able to opt out of a 24 month contract after 3 months with no cancellation is ridiculous. Who will bear the cost of the $200-$1200 handset that is no longer new and cannot be resold?

    3. Telstra is #1 because this is Australia. If people buy a car, they get a Holden. If they want a phone they turn to Telstra. Its just a pity that Holden sells rebadged Daewoos and Telstra sells theoretical coverage and performance!

    4. 3G is an excellent technology but we live in a massive country. Be realistic about your expectations!

    5. 3 kicks their ****)

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