The ACCC has accepted a section 87B undertaking from CNT Corp Pty Ltd (CNT Corp) following an investigation relating to breaches of the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010. CNT Corp has also paid three Infringement Notice Penalties to the ACCC in the amount of $19,800 in total.
CNT Corp admits that it is likely to have contravened section 18 and subsections 29(1)(b) and 29(1)(g) of the ACL by provisioning and billing for wholesale FTTP services at data transfer rates that its network could not support.
The ACCC was particularly concerned about this conduct because it led to around 30 consumers acquiring broadband services that could never perform at the promised data transfer rate.
To address the ACCC's concerns, CNT Corp has provided the ACCC with a court-enforceable undertaking which requires CNT Corp to:
provide affected consumers with credit vouchers redeemable for broadband services
acquire additional backhaul transmission capacity for its Eden Brook network
refrain from engaging in similar conduct in the future and
