National telecommunications service provider Dodo Australia Pty Ltd has given a court enforceable undertaking in resolution of ACCC concerns.
Between December 2007 and March 2009 Dodo published on its website, in connection with the outright sale of handsets and other hardware product, the statement: “No refunds will be given on purchases”.
Between October 2008 and March 2009 Dodo also caused to be published on its website, and broadcast on television at various times between October and December 2008, advertisements for its ‘$29.90 Mobility Cap Plan’, ‘Free Fuel’ and ‘Cash Offer’ 24 month mobile cap plans (the "Free Offer Plans") that included representations to the effect consumers would receive specified goods or cash for free or at no cost when they signed up to the relevant 24 month Free Offer Plan. An investigation by the ACCC revealed Dodo offered comparable mobile cap plans (in included value and services) at a cheaper monthly fee without the free goods and cash.
The ACCC was concerned that by engaging in the above conduct Dodo likely contravened the misleading or deceptive conduct, false or misleading representation and offering of gifts or other free items provisions of the TPA.
The undertakings given by Dodo include it:
writing to the consumers affected by the conduct;
paying refunds to consumers;
reducing the monthly fee for each of the free offer plans; and
implementing and maintaining a revised trade practices compliance program.
