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.
The ACCC has announced the launch of an Information Paper entitled “Mobile and Other Wireless Internet Speed Claims and the Trade Practices Act 1974″.
The Information Paper has been developed to assist ISPs and Telcos in ensuring that their advertising for mobile and wireless internet is compliant with the Trade Practices Act 1974, and in particular the consumer protection provisions such as s52.
The Australian Communications and Media Authority has flexed its Telecommunications Act muscles against ISP Web Ace, directing it to comply with the billing rules under the Telecommunications Consumer Protections Code.Web Ace is the trading name of Jason Kenneth McKay of Perth, WA. ACMA says that McKay has been extracting payments from customer credit cards without authority, and failing to refund.
The issue was first publicised on Whirlpool, the Australian internet users’ town square. In May 2008, Whirlpool user ‘yabbitboy’ posted:
I am signed up to webace’s email only plan ( $60 a year ), I get unauthorized billings by webace 4 times already, 4*$60. I had contacted them by email – never got replied and also tried contacting them by phone – I do speak to them by person to person but they said they are ‘busy’ and say they will call me back which is *******.
ACMA has now used its power to direct McKay not to extract payments without issuing a bill and in accordance with customer authorisation.
The Australian Communications and Media Authority has announced a package of measures designed to smash rogue premium SMS operators.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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The TIO recently released its complaints data for the December 2008 quarter, which identifies problem areas for ISPs and telcos – one of those is complaint handling.The report is a good opportunity to review what’s required of CSPs by the Telecommunications Consumer Protections Code.
With tougher times upon us, credit management and credit obligations should be at the forefront of every telco and ISP’s mind. So does a telco or ISP have to undertake a customer credit assessment ?Hint - the Telecommunications Consumer Protections Code (C628:2007) (‘TCP Code’) has the answer.
One of our recent posts raised an interesting question which many ISPs and telcos seem to overlook; Who is a ‘Consumer’ under the CommsAlliance Telecommunications Consumer Protections Code 628:2007 (the “TCP Code”) ?When the word ‘Consumer’ is used, one usually thinks mum, dad and the kids, right ? Well, its potentially more like mum, dad, the kids, the local milk bar operator, the local accountant, the local builder and the local solicitor, just to name a few under the TCP Code. So this puts a heap of contracts for telecommunications services into the contracts with ‘Consumers’ pile.
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How far back can a CSP go in billing charges after the billing period in which they were incurred ?Clue … there’s a Communications Alliance Code that’s relevant, and a TIO policy.
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