Dodgy deals: ACCC telco crackdown

Australia's competition regulator has announced it is taking 28 parties, including telcos, to the Federal Court for exclusive dealing and misleading conduct.

The companies, the Australian Competition and Consumer Commission said in a statement today, were Clear Communications, the Axis Telecoms and WorldTel groups and the National Telecoms Group.

There were also some related finance companies and employees of the telcos which have been singled out for allegedly being knowingly concerned in the dealings.

The telcos allegedly used a "bundled services deals" business model to enter into a contract with small businesses to provide them with services.

Although the businesses considered the equipment for the services to be free, covered by the cost of the contract, the equipment was allegedly not free, but instead rented out by finance companies unrelated to the telcos. The ACCC considered this arrangement to be exclusive dealing, which goes against the Trade Practices Act.

The telcos have also been accused of misrepresenting the bundled deals by saying the equipment was free, that the charges for the telco services and bundled services deals would not exceed a specified amount per month, that the only contractual agreement being made by the customer was with the telco, that the price of calls would be lower than that of the customers' existing providers, that the fixed line services will be ported to the telco within a short period of time and that the telco would supply mobile services using the customers' existing numbers.

The ACCC said it was seeking court orders, including fines against some of the respondents, and requirements to publish corrective advertisements as well as to write to each customer who entered into the bundled services deals, advising them of their rights.

The matter will be heard in the Sydney Federal Court on 17 October.

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Talkback 15 comments

    Jail and SMEs Dicey -- 03/10/08

    A little bit of jail time wouldn't go astray either.

    But what can you say about the small and medium business owners in Australia? They set themselves up as marks; don't read contracts, don't ask questions and get swindled by really halfwitted spivs.

    Their response will be to go back to Telstra, get swindled in a different way and never move services again because their too lazy and stupid to do research.

    Get a life DICEY Anonymous -- 07/10/08 (in reply to #320113404)

    These business owners are probably family people trying to make a living like everybody else. Get a life - jail is for criminals and the like - what have these people done?

    Rip Off. Who's next ? Peter James -- 03/10/08

    Give me a break.
    I can just picture the ACCC banging away at a 9 inch nail into a piece of hardwood with their plastic hammer......
    Mr Hakim et all are sleeping soundly tonight I'm sure.
    The only ones smiling when they read this story would be Telstra Management, wondering how much more they can get their equally immoral sales people to squeeze out of the dummies out there in charge of businesses.

    About Time.... Anonymous -- 07/10/08

    Its about time someone is doing something about it.....People do need to read contracts first and do some investigation into who they are dealing with however this is now the 2nd time in 5 years the ACCC is onto NTG - will they ever stop trading or will they open with new names and directors again???

    Thats Strange Steven N -- 07/10/08

    How is it that Optus, Telstra, prier to liquidation Commander and many others have been selling the exact same concept but for some reason they have targeted the smaller Telcos for third line enforcing. Could it be that these larger companies have deeper pockets to fight whats right and the smaller ones will find it harder to defend themselves??? ACCC pick on someone your own size!

    Not so steange Anonymous -- 14/10/08 (in reply to #320113659)

    Maybe because they are delivering and not leaving people/small companies without phone lines.

    Not affected myself, but can imagine that this could break some small businesses and these seem to be the clientelle targeted by these companies.

    Oh well, these telcos will just close shop and start again under a different name again and again because at the moment they can get away with it.

    reply to Steven N me -- 22/10/08 (in reply to #320113659)

    they offer the same as telstra and the like but thats not what the clietn gets and the hidden charges are bigger then the listed charges

    Uneducated Anonymous -- 04/03/09 (in reply to #320113659)

    The difference is that these companies have been throwing things like tv's, home theatre set-ups and basically anything flashy at small to medium business owners and including them as "bonuses" for signing up when they are written into the contracts and are being paid for through the finance agreements.. Telstra, Optus and Commander do not do this as practice.. everything is laid out in the contracts. These so called smaller Telco's are not as small as you would imagine and have been operating under various names for years to avoid prosecution. so before you start bundling legitimate companies in with these companies it would be advisable you get all your facts.

    komtel/Telfin/T-Bill Anonymous -- 10/12/08

    Finally , after months of the worst and most devious customer service, we hear Komtel is in receivership,. They agreed to pay us a significant sum of money for their agreed mistakes. Telfin/T-Bill has now taken over the services and sends an informing letter to clients signed by noone, requesting to sign authorization to transfer services, which have been anyway. Then cuts credits to lease agreements by half. Happy to accept no term of contract. Say they are in no way associated with Komtel.
    Independant Finance companies now hold lease agreements with Komtel, which appear in some cases to be different from those signed by the business owner.
    Who on earth in this lot does the poor business owner deal with to get a satisfactory outcome ?
    Since Komtel has breached it's contract and owes us money , who do we negotiate an acceptable sum ,to get out of a 4 yr lease of 22k with Komtel in receivership ?

    Komtel David Whittem -- 02/02/09 (in reply to #320118603)

    We are in a similar situation, no paperwork supplied, phones not able to be programed by us and no service personal in Canberra! We have never received the promised credit of $500 per month and now get about $250 credit per month from Telfin t-bill, calls and emails were never returned, and the promised savings on call charges of around 30% in fact have turned out to be an increase on our previous Telstra Bill of between 15 to 30 % on the various services, we would gladly give back the phones and cancel the finance contract however the finance providers also do not do anything to resolve the issues.

    Industry is full of crooks Anonymous -- 07/02/09 (in reply to #320122092)

    This industry of bundled packages has no regard towards the customer. All these companies operate under several different names & they pressure their sales people to be involved in deceptive conduct. I have worked in the industry before and walked away from signing up customers who could did not have sufficent call spend to be benefiting from a bundled package deall.

    Komtel Franklyn Collins -- 27/02/09 (in reply to #320122092)

    I have had exactly the same stitch up deal and took the matter further with some pleasing results. Take both Komtel and the finance company involved to VCAT. make the application and proceed with the matter. Ive tried the ombudsman but they were of n real help. You need to take them to VCAT. I'll bet your finance contract says you were to receive something for the finance, but you probably have received it. That is misrepresentation by the finanace company. Komtel are untouchable as they are liquidated. You need to cut the coninued finance payments for something you dont have. VCAT

    Komtel and Capital finance angela ronhit -- 23/08/09 (in reply to #320124299)

    Now i am sued by Capital Finance at Magistrates court for not paying their rental equipment monthly fee claiming I applied for phone finance independently from them, nothing to do with Komtel's scam. Can Capital Finance continue with their ripoff rental charge? Anyone been sued?

    capital finance frank zou -- 11/11/09 (in reply to #320241135)

    to: angela ronhit

    I had same thing as yours, I went all the way with Capital finance in the court, if you want to discuss any thing, feel free to contact me by email. frankhuazou@gmail.com, we need more people that in the same boat to get together..

    komtel/Telfin/T-Bill Michael -- 17/09/09 (in reply to #320118603)

    What was the end result here? I am still in a similar position

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