Dean Campbell Lwin Moore Talk Communications Pty Ltd T/A MT Marketing - s.87B undertaking

Dean Campbell Lwin is the Sales Manager of Moore Talk Communications Pty Ltd (trading as MT Marketing). MT Marketing promoted mobile phone and access plan packages by way of telemarketing activities across Australia. The company failed to provide customers with a full copy of the terms and conditions attaching to the application for mobile services, before asking the customer to sign the application. The company also misled consumers as to the nature of the 'free phone' promotion as the consumer was first approached on the basis of a survey. The company failed to make the consumer aware at the outset that receipt of the free mobile phone was conditional upon their signing up to an access plan with a service provider.

The Commission alleges Dean Campbell Lwin is knowingly concerned in the conduct of Moore Talk Communications Pty Ltd, which the Commission alleges has contravened sections 51AB, 51AC, 52, 53(e), 53(g), 53C and 54 of the Trade Practices Act 1974.

Dean Campbell Lwin undertakes that he will not, in his position as Sales Manager of Moore Talk Communications Pty Ltd or otherwise, fail to provide potential customers with a copy of the terms and conditions appearing on the reverse of the Application, in legible form, prior to obtaining the signature of a potential customer on the Application.