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 7 comments

  1. 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.

    1. Get a life DICEY Anonymous -- 07/10/08

      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?

  2. 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.

  3. 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???

  4. 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!

    1. Not so steange Anonymous -- 14/10/08

      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.

    2. reply to Steven N me -- 22/10/08

      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

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