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Over to you, ACMA … Comms Alliance finalises proposed TCP Code (and we show what’s changed)

By on 7 February 2012 in ACCC, ACMA, advertising, Australian Consumer Law, Code compliance, New laws

In 2011, ACMA pressured the telco industry to get its act together on how customers are treated.  After extended drafting and consultation phases, Comms Alliance has submitted an aggressive new TCP Code to ACMA for registration.  The question is now: Is the new draft code tough enough for ACMA?

As CSP Central has previously explained, ACMA and ACCC are not falling over themselves to approve the Alliance’s work.
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Draft TCP Code takes a beating

By on 12 January 2012 in ACCC, ACMA, Australian Consumer Law, Code compliance, New laws, Telecommunications Act

The jungle drums are sending negative messages about the new TCP Code proposed by Communications Alliance.  If the rumours are correct, ACMA is on the verge of refusing to register the draft Code, opting for more aggressive legislative regulation of the telco industry instead.

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Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

By on 11 January 2012 in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’

Often you see such clauses quoted in support of an argument that a claim for misrepresentation cannot succeed where a contract contains this clause.

But that ain’t necessarily so.  In fact, it ain’t even normally so.

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