The ACCC has instituted proceedings against telecommunications provider Superfone Pty Ltd (Superfone) for alleged false or misleading representations, and for alleged breaches of laws designed to protect consumers from issues arising from unsolicited telemarketing sales.
Superfone is a reseller to consumers of mobile, landline and internet services which use major telecommunication companies’ networks.
The ACCC claims that, between June 2017 and December 2018, telemarketers acting on behalf of Superfone cold-called consumers offering them discounted plans on their existing network if they signed up to a new contract via Superfone.
“In these proceedings we allege Superfone breached the Australian Consumer Law by making consumers think its offers and services were endorsed by or affiliated with their existing telco provider when this was not the case,” ACCC Deputy Chair Delia Rickard said.
“We also allege Superfone breached the Australian Consumer Law’s unsolicited consumer agreement provisions, which were put in place to protect consumers from these sorts of high-pressure telemarketing calls, and from signing up to contracts they may not understand.”
Under the Australian Consumer Law, consumers who enter into unsolicited consumer agreements have cooling-off rights. This means they can change their minds and cancel the contract for any reason without penalty within 10 business days. Salespeople cannot take payment or commence supplying any services during the cooling-off period.
“We allege that Superfone’s telemarketers repeatedly told consumers they could not terminate the contract without penalty, and failed to inform consumers about their cooling-off rights, when these rights are enshrined in the Australian Consumer Law,” Ms Rickard said.
The ACCC is seeking a consumer redress order, penalties, declarations, an order for corrective notices and costs.
Notes to editors:
More information and details on these protections, including cooling off periods, can be found on the ACCC’s website: Telemarketing & door-to-door sales
The Australian Government’s national Do Not Call Register allows consumers to list their home, personal mobile or fax number to reduce telemarketing calls.
The attached document below contains the ACCC’s initiating court documents in relation to this matter. We will not be uploading further documents in the event these initial documents are subsequently amended.