Termination fees at forefront of ACCC inquiry

The competition watchdog has said there is the potential for both a contractual and consumer protection issue surrounding early termination fees, following its inquiry into Telstra's recent mobile price hike which will see users slugged with AU$150 for cancelling contracts.

The national carrier announced its new mobile pricing plan last month, which ultimately benefits users who sign up to a 12-month contract. Unfortunately though, users who attempt to abscond the contract mid-term will incur an early termination fee of AU$150.

The Australian Competition and Consumer Commission (ACCC) launched an investigation -- still ongoing -- into what many deemed to be the incumbent carrier's latest anti-competitive money-spinner.

Whilst ACCC general manager, telecoms, Michael Cosgrave, told ZDNet Australia that early termination fees themselves weren't the problem, being a means for the telcos to cover the cost of entire contracts, he said it was a question of whether carriers were -more than simply recovering costs".

-I don't think there's an issue with early termination fees themselves...but the issue is the impact of such fees and the extent to which they might be operating as penalties," he said.

-There's the potential for both a contractual and consumer protection issue here," Cosgrave added.

The ACCC has not reached a decision as to whether Telstra is over-penalising its mobile customers for early termination of contracts and said whilst the issue is a hot topic of its investigation into Telstra, such fees are certainly not an issue that relates to the telco giant alone.

-We can't look at Telstra's fees without looking at the rest of the industry," Cosgrave said. -It has required us to think about the issue in a wider context."

The ACCC said it hoped to wrap up its investigation -relatively soon" being that the some of the provisions of Telstra's new mobile pricing plan are already in the marketplace, but could give no definitive date.

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Talkback 4 comments

    what a joke,,,there are very f ...Anonymous -- 22/02/02

    what a joke,,,there are very few contracts that dont attract a termination fee if you get out early..oh but wait this is telstra, gee it must be wrong..usual **** poor jernalism

    You absolute twit. If you're ...Anonymous -- 22/02/02

    You absolute twit. If you're going to try and slam the *sic* 'jernalism', perhaps you should be a little more informed about the issue. Handset subsidies were removed in January, to try and prompt an end to contracts and early termination fees etc etc, but Telstra have once again, found a way around it. If you want to go mouthing off, then a) know your shite b) learn some grammar and spelling and c) choose to do it on your internal Telstra e-mail because surely an objective NON TELSTRA EMPLOYEE outsider would not be so PRO TELSTRA!

    Howard allows this to continue ...Anonymous -- 22/02/02

    Howard allows this to continue? Well then, he won an election on allowing cheaters and liers to continue. He obviously agrees with what Telstra is doing as he isn't doing anything to stop it. I guess though it's no point in saying it though. As everyone knows, on the Prime Ministers door in Canberra, there is a huge sign that says "THE BUCK DOESN"T STOP HERE!"

    KISS Mobile a new start up com ...Paul Carney -- 21/03/03

    KISS Mobile a new start up company has launched a no contract no exit fee structure, allowing for great rates and great service. Investigate at www.kissmobile.com.au

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