Archive | May, 2009

Tricky charging trips up Cardcall

read-gs-lipsPhone card provider Cardcall has been caught out by ACCC for dodgy advertising, pricing and charging practices. 

As anyone in the telco industry knows, $100 worth of credit disappears far more quickly if the provider charges connection fees, bills by the minute instead of the second and builds in other costs. 

Cardcall’s advertising inferred that customers would get more air time than they really did, by keeping extra charges and unfavorable charging practices a secret.

For their trouble, Cardcall has ended up in the Federal Court, on the receiving end of a package of orders.  And ACCC has told the industry – yet again – ‘You’re on notice.’

And after all that, Cardcall’s web site still contains terms that breach the Trade Practices Act !

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TPG breaches new price advertising law

goof25 May 2009 and a new price advertising law takes effect.  29 May 2009 and TPG’s web site is in breach.

When will they ever learn ?

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JB HI-FI in line for ACCC ‘please explain’

untitledFollowing on from our report on a trade practices gaffe by Dick Smith Electronics, we won’t be surprised if its competitor JB HI-FI gets a letter from ACCC about its current stocktake sale.

We don’t know that JB’s discounts off ‘ticketed price’ are not legitimate, but there’s certainly a reasonable basis for questioning them.  A campaign like that runs a real risk of misleading consumers. 

Any savings misrepresentations would be a hot topic right now, since the Full Federal Court confirmed the criminal conviction of the former operator of the Zamel’s jewellery chain for false savings claims, and a $380,000 fine.

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Dick Smith trade practices blunder

dick-smith-1How ironic.  After we finished a trade practices compliance seminar in Canberra on Monday, we dropped into Dick Smith’s in Civic to browse.  And there was a prime example of one of the key points we’d been talking about.

The computer department featured signs urging purchasers to invest in extended warranties, to spare themselves the heavy repair bills that apply if their equipment fails out of standard warranty.   

As ACCC has told traders and customers time and again, a retailer can’t impose an arbitrary time limit on its own obligation to repair goods that fail.  In fact, ACCC generally views extended warranties as a rip off.

It’s a great example of the need for business-wide, ongoing trade practices training.  These signs looked like they were printed at that store, rather than head office.  Our guess is that a local manager had the bright idea … not realising that they were sailing so close to the legal wind, and that ACCC has only recently dealt with electrical importer GAF for misrepresenting warranty rights.

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ACMA launches premium SMS offensive

smsThe Australian Communications and Media Authority has announced a package of measures designed to smash rogue premium SMS operators.

The industry was already expecting the Mobile Premium Services Code, which was finalised a few months ago and will take effect on 1 July 2009.

But in a move ACMA hopes will be decisive, it has revealed three other weapons in the battle against shonky premium SMS outfits.
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TPG plays with fire … again

tpg-undertaking-1

Way back in December 2008, we highlighted a seriously misleading statement in TPG’s Mobile Fair Go policy.

Five months later, it’s still there, and still breaching section 53(g) of the Trade Practices Act 1974.

The difference is that, since last December, TPG has given a court-enforceable undertaking not to engage in misleading or deceptive conduct.  It’s playing double-or-nothing by maintaining this untrue statement on its web site.

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25 May is advertising law D-Day

restaurant-1Ever seen one of those restaurant menus that say ’15% surcharge on Public Holidays’ ? 

Well, advertising prices like that will be illegal for companies in Australia from 25 May 2009.  And the new law has significant impact on ISP and telco advertising.

In a nutshell, if an advert mentions any pricing details for a product or plan, it must also state the total buy price.  But the rules are not completely simple.

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Dodo in hot water again !

dodo_deadACCC has made Dodo Australia give a Court enforceable undertaking to issue refunds customers and discount monthly plans, as a result of misleading statements.

According to ACCC, Dodo advertised misleading ‘free’ offer plans between October 2008 and March 2009 on both the television and its website.
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