Company or individual details
NameDodo Services Pty Ltd
ACN158 289 331
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about its retail broadband plans supplied over the National Broadband Network (NBN) being ‘perfect for streaming’ that were likely to contravene sections 18, 29(1)(b), 29(1)(g) and 34 of the Australian Consumer Law (ACL).
Dodo is a supplier of retail fixed-line broadband plans to consumers supplied over the NBN, in addition to other services.
The relevant conduct
Between approximately 1 November 2015 and 26 March 2018, Dodo made the statement ‘perfect for streaming’ in advertising its retail broadband services provided using the NBN, including broadband plans that used the NBN 12 megabits (Mbps) download and 1 Mbps upload wholesale access speed tier (12/1 Plan) and broadband plans with a monthly data allowance of 10 gigabytes (GB) (Perfect for Streaming Statement).
The Perfect for Streaming Statement, in connection with the promotion of Dodo’s broadband services, was made on Dodo’s website and in a number of printed pamphlets and posters in selected Dodo Kiosk retail stores.
The ACCC was concerned that the Perfect for Streaming Statement represented that all of Dodo’s retail broadband plans, including the 12/1 Plan and broadband plans with a monthly data allowance of 10GB (10GB Plan) were perfect for streaming music and video, including streaming high definition (HD) and ultra HD video on large screen devices (Perfect for Streaming Representation) when this was not the case.
Specifically, the ACCC considers that the Perfect for Streaming Representation was false and misleading because Dodo customers:
- on the 10GB Plan would use up their data allowance after a modest amount of streaming, such that those plans are not ‘perfect for streaming; and
- on a 12/1 Plan would be limited to watching one HD video stream at a time consistently at its highest quality, would be unable to stream full HD content reliably and could not stream ultra HD video content at all.
Dodo has admitted that its conduct was likely to contravene sections 18, 29(1)(b), 29(1)(g) and 34 the ACL.
The relevant undertaking
To address the ACCC’s concerns, Dodo provided the ACCC with an undertaking pursuant to section 87B of the Competition and Consumer Act 2010 (Cth) that, among other things, it will:
- provide refunds of excess data charges to current and former customers who signed up to a 10GB Plan during the period in which the Perfect for Streaming Statement was made; and
- allow cost free contract exit to current customers who signed up to a 10GB Plan during the period in which the Perfect for Streaming Statement was made and who were charged excess data charges.