Comments on: Optus toughens up mobile contract

By: david smith

david smith — Tue, 08 Sep 2009 04:56:32 +0000

I have contacted optus on several occasions about the above contract change, they will only terminate the contract at no change if you have actively used a service that allows you to call a mobile number, and be redirected to a international call. Also people who have banded their contracts together (home phone, broadband and mobile phone contract) cannot terminate the contract with out paying the exit fee’s associated to their home phone and broadband, as those contracts were not modified.

All conversation have led to “please contact our legal department” My issue is around Fair use. Calling cards have been around for years, and offer the same functionality as a Mobile connected VOIP service. I think a challenge of this contract amendment in court would be a interesting case. This change is allowing Optus to have an monopoly over their existing customer base, and is preventing the consumer from Choice.
Another interesting point is with new model’s of phones such as the iPhone and Nokia N97′s consumers can now use VoIP services such as SKYPE from their mobile device, however telco’s have blocked access by through 3G so the consumer is restricted to using a WiFi connection when available. Rather than getting on the bandwagon of newer technologies such as VoIP and offing consumers choice and allowing healthy competition to drive down cost to the consumer the telco’s seem to be more concerned at driving profit through unfair practices than giving the consumer a Fair go.
Its such a pity that Australian legislation and laws are so far behind our European counterparts that companies such as Optus can abuse our basic human rights of choice; and can act in a unethical way with out any legislative guidance. However the new national unfair contracts law is a step in the right direction…

By: Peter Moon

Peter Moon — Fri, 31 Jul 2009 22:59:15 +0000

Yes, that should be the offer they make to all affected customers.

But there are some issues around that. First, is an ‘affected customer’ someone who actually uses VoIP services, or does a wider class qualify i.e. users who say ‘I haven’t used those services, but I might have. I have now lost that option, so I am worse off.’ ?

The second issue will be, after the new unfair contracts law comes in (and it already applies in Victoria) that it makes no difference whether the customer has agreed to a particular term. If the term is severely imbalanced and the reason for it isn’t justifiable (under law, not in the service provider’s sole opinion) then the term will be void.

But under what’s called the ‘TCP Code’, yes they can currently lock customers into a contract change if they first offer them penalty-free cancellation rights.

By: Hugh

Hugh — Thu, 30 Jul 2009 03:51:52 +0000

I saw elsewhere that they are saying that customers can exit their contracts without penalty if they feel they don’t like the terms, so I think they way the law works, that if you get the opportunity and stay, you become bound to the new terms?

I would imagine they would be hoping that not many people opt out of their contracts.