ACCC institutes proceedings against Optus alleging use of the word "unlimited" in its advertising is misleading

The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Melbourne against Singtel Optus Pty Ltd for alleged contraventions of the Trade Practices Act 1974 in relation to the use of the word "unlimited".

The ACCC alleges that certain television, radio and print advertisements run recently by Optus which advertise "unlimited" calls on its $70 pre-paid Turbo Max plan are misleading because the offer is subject to a number of limitations and restrictions.

The ACCC also alleges that certain recent television and print advertisements which advertise "unlimited" broadband and "unlimited" calls on Optus broadband and home telephone plans are misleading because the offers are subject to a number of limitations and restrictions.

The ACCC alleges that the advertising was misleading or deceptive and contravened section 52 of the Act. The ACCC is seeking declarations that Optus contravened the Act, injunctions and costs.

The proceedings have been filed in the Federal Court's Fast Track List and is listed for a Scheduling Conference before Justice Middleton in Melbourne on 25 June 2010 at 9.30 a.m.