Friday, 26 March 2021 15:50

ACCC has a $300,000 court win against Superfone

By
ACCC deputy chair Delia Rickard ACCC deputy chair Delia Rickard

Telecommunications provider Superfone has been fined $300,000 by the Federal Court for making false and misleading representations plus unsolicited telemarketing sales.

Following action by the ACCC, the Federal Court declared that Superfone had contravened the Australian Consumer Law between June 2017 and December 2018 when cold-calling more than 1400 consumers and signing them up to unsolicited new contracts.

Furthermore, Superfone charged termination fees when some of these consumers tried to cancel their contracts.

"Superfone's behaviour was unacceptable. After making unsolicited calls, it misled consumers into entering contracts which the consumers did not want, and did not provide them with information about the ten-day cooling-off period or their rights to terminate the contract," said ACCC deputy chair Delia Rickard.

Concerningly, the court found that Superfone appeared to have targeted vulnerable consumers, or at least it was only successful in securing unsolicited agreements with vulnerable consumers.

The court also declared that Superfone made false or misleading representations to consumers that they were affiliated with the consumer's existing provider, that they were calling to offer discounts or savings on the consumers existing plan and that consumers had no right to a cooling-off period or to terminate their contract

In addition to the financial penalties, the Federal Court ordered Superfone to contact affected customers and tell them that they can exit their agreement without charge. Those who have already paid a termination fee must also be contacted with an offer of a refund.

Superfone admitted liability, but contested the penalty amount and other orders.

"All businesses must comply with the Australian Consumer Law provisions dealing with unsolicited calls and door to door sales, including the ten-day cooling-off period and termination rights. These laws exist to protect consumers when dealing with cold callers, and give them the opportunity to change their minds about a purchase or agreement they have made as a result," said Rickard.

"We will continue to take enforcement action against businesses which contravene the unsolicited consumer agreements provisions."


Subscribe to ITWIRE UPDATE Newsletter here

GRAND OPENING OF THE ITWIRE SHOP

The much awaited iTWire Shop is now open to our readers.

Visit the iTWire Shop, a leading destination for stylish accessories, gear & gadgets, lifestyle products and everyday portable office essentials, drones, zoom lenses for smartphones, software and online training.

PLUS Big Brands include: Apple, Lenovo, LG, Samsung, Sennheiser and many more.

Products available for any country.

We hope you enjoy and find value in the much anticipated iTWire Shop.

ENTER THE SHOP NOW!

INTRODUCING ITWIRE TV

iTWire TV offers a unique value to the Tech Sector by providing a range of video interviews, news, views and reviews, and also provides the opportunity for vendors to promote your company and your marketing messages.

We work with you to develop the message and conduct the interview or product review in a safe and collaborative way. Unlike other Tech YouTube channels, we create a story around your message and post that on the homepage of ITWire, linking to your message.

In addition, your interview post message can be displayed in up to 7 different post displays on our the iTWire.com site to drive traffic and readers to your video content and downloads. This can be a significant Lead Generation opportunity for your business.

We also provide 3 videos in one recording/sitting if you require so that you have a series of videos to promote to your customers. Your sales team can add your emails to sales collateral and to the footer of their sales and marketing emails.

See the latest in Tech News, Views, Interviews, Reviews, Product Promos and Events. Plus funny videos from our readers and customers.

SEE WHAT'S ON ITWIRE TV NOW!

BACK TO HOME PAGE
Stephen Withers

Stephen Withers is one of Australia¹s most experienced IT journalists, having begun his career in the days of 8-bit 'microcomputers'. He covers the gamut from gadgets to enterprise systems. In previous lives he has been an academic, a systems programmer, an IT support manager, and an online services manager. Stephen holds an honours degree in Management Sciences and a PhD in Industrial and Business Studies.

Share News tips for the iTWire Journalists? Your tip will be anonymous

WEBINARS ONLINE & ON-DEMAND

GUEST ARTICLES

VENDOR NEWS

Guest Opinion

Guest Interviews

Guest Reviews

Guest Research

Guest Research & Case Studies

Channel News

Comments