Optus broadband is in the Australian Competition and Consumer Commission’s sights once more over the telco’s broadband advertising, this time for Optus’ ‘think bigger’ and ‘supersonic’ broadband promotions, with the ACCC taking the issue to the Federal Court Sydney.
The ACCC took Optus’ parent company Singtel Optus Pty Ltd to the Federal Court in Melbourne in June alleging that certain television, radio and print advertisements run by Optus which advertise “unlimited” calls on its $70 pre-paid Turbo Max which is actually subject to a number of limitations and restrictions.
In this instance the ACCC alleges that Optus engaged in misleading or deceptive conduct and made false representations in relation to the advertising of certain broadband plans as part of its ‘Think Bigger’ and ‘Supersonic’ promotional campaigns.
Optus’ ‘Think Bigger’ and ‘Supersonic’ campaign broadband plans involve a customer paying a monthly sum to receive a certain data allowance to use in the month which is split into both peak and off-peak periods. Optus however, will limit a customer’s internet connection to 64kbps once the peak allowance is exceeded. This is a widespread practice amongst ISP’s, however the ACCC that Optus did not sufficiently or clearly disclose, and in some cases did not disclose at all, these qualifications.
The ACCC is seeking court orders, including declarations that Optus breached the Act, injunctions, including interlocutory injunctions, civil penalties, corrective advertising and costs.