Archive | Trade Practices Act RSS feed for this section

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.

Continue Reading →

Share
Comments { 0 }

TPG advertisement flouts advertising laws

By on 11 November 2008 in advertising, How not to do it, Trade Practices Act

A mobile with unlimited calls and texts for just $59.99 a month !  What a bargain !  Where do we sign ?

This is exactly the offer being made on TPG’s home page this week.  And why wouldn’t such a great deal be the most prominent thing on their site ?

Problem is that the advert is misleading and deceptive and breaches section 52 of Australia’s Trade Practices Act 1974.

Continue Reading →

Share
Comments { 0 }

ACCC launches telco trade practices blitzkrieg

By on 2 October 2008 in advertising, Trade Practices Act

ACCC today launched heavyweight legal proceedings in the Federal Court of Australia against 28 parties involved in ‘bundled services deals’, alleging that customer equipment is ‘secretly’ financed while the customer (wrongly) believes they are getting ownership of it for free.

The deals, pitched at SMEs, involve tens of millions of dollars all up.

ACCC alleges that the way the deals operate and were marketed, there have been extensive breaches of sections 52, 53(e) and 53(g) of the Trade Practices Act 1974 and/or sections 12DA(1), 12DB(1)(e) and (12DB(1)(g) of the Australian Securities and Investments Commission Act 2001.

ACCC also says that these kind of bundled services deals constitute exclusive dealing, in breach of section 47(6) of the TPA.

Make no mistake, this kind of action is a big deal for ACCC and they’ll run it accordingly.

Continue Reading →

Share
Comments { 41 }

TMG Asia Pacific rolls over in Federal Court

By on 2 October 2008 in Trade Practices Act

In an earlier post, we reported on Federal Court action by ACCC against TMG Asia Pacific Pty Ltd ACN 119 828 698.  ACCC alleged that the company had engaged in false, misleading and deceptive conduct in contravention of the Trade Practices Act 1974.

According to the ACCC, advertisements for three premium-SMS based competitions run by TMG failed to adequately disclose:

  • that to be eligible for the prize, participants were required to pay a $5 joining fee and respond to a maximum of 10 quiz questions at $5 each
  • participating in the quiz also resulted in the consumer signing up to a subscription quiz consisting of six SMS messages per month at the cost of $5 each, and
  • that prizes could not be awarded to residents of the ACT, Victoria and Queensland even though they would be charged for the service.

On 1 October 2008, the case settled in the Federal Court.  TMG rolled over and gave the ACCC what it wanted.

We explain the outcome, and how companies can deliver cost effective trade practices compliance programs.

Continue Reading →

Share
Comments { 0 }

Single price law proposed to Parliament

By on 29 September 2008 in advertising, Trade Practices Act

Last week, the Trade Practices Amendment (Clarity in Pricing) Bill 2008 was introduced to Federal Parliament.

If passed into law, the Bill will amend the Trade Practices Act 1974 to mandate advertising of a single buy price for certain goods and services.

Continue Reading →

Share
Comments { 0 }

ACCC scores LSS win over Telstra

By on 23 September 2008 in Telstra, Trade Practices Act

The Federal Court has backed the ACCC’s processes for determining fair competitor access pricing for Telstra’s Line Sharing Service (‘LSS’).

After getting answers it didn’t like from the ACCC’s access dispute arbitration process, Telstra attacked the process itself.

ACCC Chairman Graeme Samuel said: ‘The ACCC has always taken a thorough, robust and transparent approach to disputes brought before it. These decisions have now been subjected to detailed scrutiny on multiple grounds of review, and the Federal Court has found that they have passed muster on all but one small point.’

It’s good news for CSPs that want access to the LSS.

Share
Comments { 0 }

Complying with ACCC demands … on a budget

By on 19 September 2008 in General, Trade Practices Act

A trade practices compliance program is always a good idea.  It guards against infringements and helps to reduce penalties if something does go wrong.

It’s especially important if you use a call centre for telemarketing.  Rest assured … if you don’t arrange for compliance training, the agents won’t get any.

But when the ACCC demands that you undertake a compliance program, it’s not ‘if’ but ‘how many bucks will we blow on this ?’

Here’s a case study on how to deliver a course that can satisfy court orders, including agent training, without a massive price tag.

Continue Reading →

Share
Comments { 0 }

Online trader Best Buy Australia gets trade practices law wrong

By on 4 September 2008 in How not to do it, Trade Practices Act

Best Buy Australia Pty Ltd caught our attention when it was fined by ACMA for spamming.  So we took a look at their T&Cs, just out of interest.

Perhaps unsurprisingly, they get the law seriously wrong when it comes to implied warranties and liability.

Here’s what BBA got wrong, and how to avoid the same mistake.

Continue Reading →

Share
Comments { 0 }

It’s all about the main message, stoopid

By on 24 August 2008 in How not to do it, Trade Practices Act

Time and again ISPs and telcos pump out advertisements that upset the ACCC and other regulators.  Time and again the advertisers are astonished that anyone could be unhappy about their adverts.

It’s time the industry learned about the ‘main message’ rule.

Continue Reading →

Share
Comments { 0 }

ACCC sues premium service provider

By on 24 August 2008 in Trade Practices Act

It’s up to the Federal Court to decide on the ACCC’s recently filed legal action against premium service provider TMG Asia Pacific Pty Ltd.

I can only say that I’m pleased that this area of the telco industry is coming under the spotlight.  It’s a disgrace that so many dodgy operators get away with so much.  And a disgrace that the mobile network operators haven’t done whatever it takes to rein them in.

I’ll be following this case as it develops in court.

Continue Reading →

Share
Comments { 0 }