Fairfax Digital Australia and New Zealand Pty Limited - s.87B undertaking

Fairfax Digital Australia and New Zealand Pty Ltd (Fairfax Digital) is the registrant of websites including www.domain.com.au.

During February and March 2008 banner advertisements promoting the Domain mobile phone service were published across Fairfax Digital websites.

The primary purpose of the Domain mobile phone service was to offer users the ability to view and search property listings featured on Domain.com.au from their mobile phone.

The banner advisements and related webpage for the Domian.com.au mobile service indicated that the service was free, when in fact users may have incurred charges from their telecommunications provider.

Furthermore, the advertisements omitted to indicate that, in relation to the optional Domain mobile alert service, users would be charged 55 cents for each SMS alert received.

Fairfax Digital has acknowledged the ACCC’s concerns that the conduct may have mislead consumers in contravention of sections 52 and 53(e) o the TPA.

The ACCC has accepted undertakings from Fairfax Digital under section 87B of the TPA.

Fairfax Digital has undertaken that it will:

• not publish any advertisement or promotional information on websites representing that Domain mobile phone services are free, in circumstances where consumers may incur charges or fees when using those services.
• cause a corrective notice to be published on the Domain homepage; and
• update its Trade Practices compliance program to ensure that it continues to comply with the TPA.