The High Court’s new views on misleading conduct — is your marketing putting you at risk?
By Sarah Barker
The High Court of Australia handed down a significant decision late last year in the Australian Competition and Consumer Commission’s (ACCC’s) prosecution of telecommunications services provider TPG. The case concerned TPG’s television, radio, print, billboard and internet advertisements for its bundled ADSL2+ broadband internet and fixed line telephone services. The advertisements focused on the broadband component of the package, with ‘unlimited ADSL2+’ for ‘AUD29.99 [£17] per month’. The other aspects of the offer — including a requirement that the broadband service be bundled with fixed line telephone rental (for an additional AUD30 per month), a minimum of six-month contract, a deposit and an AUD129.95 setup fee — were disclosed in much smaller print. The ACCC alleged that the advertisements were misleading or deceptive contrary to section 18 of the Australian Consumer Law, on the basis that they conveyed the overall impression that broadband internet could be acquired from TPG for AUD29.99 per month. The case centred on whether the advertisements’ disclosure of the fixed line bundling requirement, minimum term and additional fees was sufficient to neutralise the impression created by the headline alone…
Click on the link below to read the rest of the Minter Ellison briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Minter Ellison
News from The Lawyer
Briefings from Minter Ellison
Minter Ellison presents to the construction industry its annual security of payment roundup for 2014.
The new Foreign Investment Industries Guidance Catalogue will supersede the current 2011 version from April 10 2015.