The members of the Fair Call Coalition, an alliance of 23 consumer organisations, is calling on the Minister for Communications, Anika Wells, to exercise her powers and direct the Australian Communications and Media Authority (ACMA) to establish industry standards addressing critical consumer protections, following the ACMA's rejection of the Telecommunications Consumer Protections (TCP) Code.
The Fair Call Coalition welcomes the decision of the telecommunications regulator to refuse to register the industry's TCP Code. After years of raising the alarm, the Coalition is glad the ACMA has taken a first step in the right direction by rejecting the Code.
ACMA has identified four areas of deficiency - responsible sales, credit assessments, disconnection and mobile coverage information.
The Fair Call Coalition has no confidence that the grave deficiencies in the Code will be resolved by the Australian Telecommunications Alliance in the 30-day timeframe provided by ACMA. Consumer advocates have engaged for more than two years on the draft TCP Code which proposed inadequate and inappropriate community safeguards.
The Minister for Communications must now act to implement direct regulation to replace the TCP code.
Industry standards must be developed to address priority areas which cause significant consumer harm - irresponsible sales practices, inadequate credit assessments, and disconnection. This regulation is necessary given the essential nature of communications services.
ACCAN and the Fair Call Coalition have previously published policy positions on the need for tough rules on telco's sales practices and credit assessments given poor systemic industry conduct.
Quotes attributable to Fair Call Coalition members
ACCAN (Australian Communications Consumer Action Network) Chief Executive Officer, Carol Bennett, said, "Consumers have waited far too long for effective protections from predatory and inappropriate practices. Now is the chance to put proper rules in place."
Consumer Action Law Centre Chief Executive Officer, Stephanie Tonkin, said, "Our frontline services continue to receive many calls about harmful sales, credit assessment, and disconnection practices. It is no surprise that ACMA has determined this industry code to be deficient. I hope the Minister or ACMA promptly takes the next step to require direct regulation with strong enforcement consequences to ensure customers are protected and have the best possible chance to remain connected to their essential telco service."
MoneyMob Talkabout Managing Director, Carolyn Cartwright, said, "Financial counselling services supporting remote First Nations consumers have been pointing out the deficiencies in telco credit assessments and sales practices for years, particularly as they affect very low-income customers. The telecommunications industry has continued to resist substantive changes to these practices and can no longer be relied upon to do the right thing in this space. It's time for direct regulation"
Financial Counselling Australia Director of Policy and Campaigns, Rebekah Sarkoezy, said, "Telecommunications is an essential service, and all Australians accessing telco services need to be treated fairly. This means they have access to appropriate and affordable products and are offered good hardship provisions if they get into financial difficulty. The sector has had years to lift its game - the time is now for direct and effective regulation."
Anglicare Northern Territory East Arnhem Money Support Hub Manager, Belinda Walton, said, "In East Arnhem we see on a daily basis the continuing adverse effects Telco's conduct has on vulnerable and remote people. Regulations are long overdue. We are optimistic that the Minister for Communications has heard community voices and appropriate regulations will be implemented to hold Telcos appropriately accountable for their conduct and put in measures that protect consumers."
Economic Abuse Reference Group National Coordinator, Jasmine Opdam, said, "Telecommunications products and services are often weaponised as a tool of economic abuse. Irresponsible sales practices allow perpetrators to take out multiple plans in their partner's name, leaving victim survivors in debt and at risk of disconnection when they need this essential service the most. It's time for direct regulation to ensure critical consumer protections, building on recent industry standards for family violence and financial hardship."
Indigenous Consumer Assistance Network Advocacy Manager, Jillian Williams, said, "The Indigenous Consumer Assistance Network has been assisting hundreds of people impacted by Telstra's selling misconduct because Telstra failed to act on consumer advocates' concerns. Optus is now in the firing line for the same conduct. This is an industry that has repeatedly failed to regulate itself and created significant harm as a result. Strong, enforceable regulation is needed to prevent future consumer harm in relation to essential telecommunication services."
COTA Australia Chief Executive Officer, Patricia Sparrow, said, "Telecommunications are an essential service. Consumers deserve enforceable protections, which means the TCP Code must be directly regulated, with mandatory standards that guarantee accountability and uphold critical rights."
South East Community Links Chief Executive Officer, Peter McNamara, said, "We're seeing thousands of people trapped in inappropriate and costly mobile and data plans—often signed up through pushy sales tactics. The big telcos won't fix this on their own. We need laws to protect people from being taken advantage of."
Members of the Coalition
Consumer Action Law Centre
Financial Counselling Australia
Economic Abuse Reference Group
WEstjustice
CHOICE
Financial Rights Legal Centre
Indigenous Consumer Assistance Network
Consumers' Federation of Australia
South Australian Council of Social Service
Care ACT
Anglicare NT
Bush Money Mob, WA
MoneyMob Talkabout, NT
Hume Riverina Community Legal Service
Consumer Credit Legal Service, WA
Consumer Policy Research Centre
Council on the Ageing (COTA) Australia
Victorian Aboriginal Legal Service
Redfern Legal Centre
South-East Community Links
Australian Council of Social Service
Centre for Women's Economic Safety
