Tag Archives | advertising

Proposed new code for mobile premium services

By on 18 November 2008 in advertising, Telecommunications Act

Communications Alliance has released in draft a proposed new industry code to regulate mobile premium services.

Says CA:  ‘The draft Code sets out obligations on suppliers to establish appropriate community safeguards in the provision of Mobile Premium Services. The Code specifies minimum requirements on advertising, provision of information, service delivery, complaint handling and opt-out mechanisms.’

Importantly, the proposed code will mandate better up front disclosure of the commitment a consumer is being asked to make and a prompt and effective cancellation / opt-out process.

Premium services and problems surrounding them have long been a bane for many consumers and mobile resellers alike.  If resellers have any comments on the draft, they should speak before 12 December 2008, or hold their peace for a long time.

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New prices advertising law passed in Federal Parliament

By on 13 November 2008 in advertising, New laws, Trade Practices Act

The Trade Practices Amendment (Clarity in Pricing) Bill 2008 was passed by Federal Parliament on 11 November 2008.  It will come into force within the next few months – date to be announced.

The new law amends the Trade Practices Act 1974 to mandate advertising of a single buy price for certain goods and services.

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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.

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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.

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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.

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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.

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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.

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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.

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