Archive | November, 2008

Mobile premium service provider warned by ACMA

By on 19 November 2008 in advertising, Spam Act

ACMA today announced a formal warning to Hyarchis Company Limited for alleged breaches of the Spam Act 2003 using SMS.

Hyarchis is a mobile content provider that operates a ‘ringtone club’ and some social networking sites.    It despatched SMS promotions to an Australian mobile user, without having consent to do so.

On this occasion, ACMA has used its discretion not to impose a penalty, but noted that penalties of up to $1.1 million per day can apply to repeat offenders.

The lessons:

  • Promotional email, SMS, MMS, IM and any other similar messages are all regulated by the Spam Act.
  • You can’t send them to Australians without actual or inferred consent.
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Proposed new code for mobile premium services

By on 18 November 2008 in advertising, Telecommunications Act

Communications Alliance has released in draft a proposed new industry code to regulate mobile premium services.

Says CA:  ‘The draft Code sets out obligations on suppliers to establish appropriate community safeguards in the provision of Mobile Premium Services. The Code specifies minimum requirements on advertising, provision of information, service delivery, complaint handling and opt-out mechanisms.’

Importantly, the proposed code will mandate better up front disclosure of the commitment a consumer is being asked to make and a prompt and effective cancellation / opt-out process.

Premium services and problems surrounding them have long been a bane for many consumers and mobile resellers alike.  If resellers have any comments on the draft, they should speak before 12 December 2008, or hold their peace for a long time.

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Big names behind telco finance scam ?

By on 15 November 2008 in How not to do it, Trade Practices Act

In October, ACCC launched heavyweight legal action against 28 parties involved in ‘bundled services’ deals alleged to be illegal.

There’s growing evidence that the same general type of scheme has been run by other groups, including a warning by the Telecommunications Industry Ombudsman.  It also seems that well known Aussie financiers may be involved.

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Internet Filtering: A contradiction

By on 14 November 2008 in General, Telecommunications Act

Despite mounting pressure from the Telco / ISP industry, the Federal Government is pushing forward with its intended internet filtering trials.

The Communications Minister Senator Conroy has recently called for ISPs to volunteer for internet filtering trials, that may lead to eventual universal ISP level internet filtering across Australia. The Government claims that the ISP level filtering will alleviate the evils of the internet, including child pornography.

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Mythbuster: Communications Alliance Codes aren’t ‘the law’

By on 14 November 2008 in Mythbusters, Telecommunications Act, TIO

There’s a myth around that industry codes, formerly known as ACIF Codes but these days generated by the Communications Alliance, are merely voluntary.  They are not ‘the law’.

This myth is based on a misunderstanding of the process behind codes and the reasoning behind the process.

Communications Alliance Codes sure aren’t just voluntary.

The confusion arises because the Telecommunications Act tries not to be heavy-handed on this topic.  But there’s a gloved hand not far away.

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Tribute to Phil Tsakaros (1959 – 2008)

By on 13 November 2008 in General

It was a great loss this week with the passing of Phil Tsakaros, after his battle with cancer. Phil was widely known and respected throughout the Telco industry for his knowledge, technical ability, and cheeky humour.

Phil started his career with the Royal Australian Air Force within electronics, progressing to be a key figure in the setup of Austar on the Gold Coast. After his time at Austar, Phil joined Pacific Internet (now Pacnet) where he worked in a senior engineering / technology role. Phil was instrumental in securing major government contracts for Pacnet.

Phil will be sadly missed by all his friends within the industry – as was evident at his funeral.

On behalf of CSP Central we express our condolences to his wife Lisa and their children.

In memory of Phil Tsakaros.

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New prices advertising law passed in Federal Parliament

By on 13 November 2008 in advertising, New laws, Trade Practices Act

The Trade Practices Amendment (Clarity in Pricing) Bill 2008 was passed by Federal Parliament on 11 November 2008.  It will come into force within the next few months – date to be announced.

The new law amends the Trade Practices Act 1974 to mandate advertising of a single buy price for certain goods and services.

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Mythbuster: A CSP can’t cut service just because a payment is late

By on 12 November 2008 in General, Mythbusters

A surprising number of people, both service providers and consumers, believe that an overdue payment entitles a CSP to suspend or terminate service.

For consumer and small business contracts, that simply isn’t true.  If there’s nothing more to it, the credit management rules in the Telecommunications Consumer Protection Code preclude a CSP from immediate action.

Not much commentary required on this one … we’ll let the TCP Code speak for itself.

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Mythbuster: A CSP can’t change its contract instantly

By on 12 November 2008 in How not to do it, Mythbusters

Many ISP and telco contracts contain a term to the effect that the service provider can change the contract at will.  It’s normally followed up by something like ‘so you must check this T&C page frequently.’

The truth:  In consumer and small business contracts, this kind of term isn’t permitted.

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Logie-Smith Lanyon and CSP Central advertising law seminar – Booked out !!!

By on 11 November 2008 in advertising, Trade Practices Act

Thanks for the overwhelming interest in this event.  Please note that all places are now booked out.  We’ll be giving anyone who has missed out first option at a repeat event in early 2009.

Tuesday, 9 December 2008:  Logie-Smith Lanyon Lawyers and CSP Central will be holding one of our popular CSP Legal Update seminars.

This one will focus on ‘Writing advertisements’ for telco and ISP products.

Places are limited and bookings close on 2 December 2008 are closed.

Download the PDF invitation.

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