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The ACCC has accepted Court enforceable undertakings from ACP Magazines Ltd (ACP) concerning the publication of advertisements for mobile premium content services in its magazines which target a young readership, being Dolly, Cosmopolitan and Cleo magazines.
Mobile premium content services are services that supply content and provide for payment of services via mobile telephone accounts at a price higher than a typical telephone call or SMS.
The ACCC has accepted Court enforceable undertakings from Pacific Magazines Pty Ltd (Pacific) concerning the publication of advertisements for mobile premium content services in TV Hits and Girlfriend magazines, which target a young readership.
Between September and December 2008, TPG Internet Pty Ltd published advertisements for its Unlimited Cap Saver mobile telephone plan (Unlimited Cap Saver Plan) on television, in newspapers, and on billboards on buses, trams, major roads and train stations across Australia (TPG Advertisements).
The ACCC contends that TPG has engaged in false, misleading and deceptive conduct because the TPG Advertisements contained representations to the effect that the Unlimited Cap Saver Plan provides unlimited calls and text for $59.99 with no additional charge and is available for a purchase price of only $59.99 per month, when that is not the case.
TPG admits the TPG Advertisements contained representations about the price and the unlimited nature of the Unlimited Cap Saver Plan that may amount to contraventions of section 52, 53(aa), 53(c) and 53(e) of the Trade Practices Act 1974.
TPG has provided court enforceable undertakings to the ACCC that it will:
not, for a period of 3 years, publish an advertisement for a mobile telephone plan which states that for a specified price there will be unlimited calls and text when certain calls and text are excluded or additional charges will apply for some calls and text without including an appropriately prominent disclaimer to the effect that exceptions, terms and conditions apply;
not contravene sections 52, 53(aa), 53(c) and 53(e) for a period of 3 years;
publish a corrective notice on its website; and
implement a Trade Practices Compliance Program.
Oceanic Diving Australia Pty Ltd (Oceanic), a wholesaler of scuba diving related equipment and accessories, has admitted that it engaged in conduct in contravention of section 48 of the Trade Practices Act 1974 (the Act) in August 2008 by sending an email to dealers which advised them that they could not advertise in the print media or on the internet certain Oceanic goods below specified prices.
Oceanic has provided undertakings pursuant to section 87B of the Act that it will:
not induce or attempt to induce a reseller from advertising or selling Oceanic products at a price less than a price specified by Oceanic;
implement a trade practices compliance program for a period of 3 years; and
arrange for an article to be published in a scuba diving publication informing readers about its contravention and the prohibition of resale price maintenance.