Moore Talk Communications P/L - s.87B undertaking

Moore Talk Communications Pty Ltd, trading as 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 Commission is of the view that 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 considered this conduct to be in contravention of sections 51AB, 51AC, 52, 53(e), 53(g), 53C and 54 of the Trade Practices Act 1974.

Moore Talk Communications undertakes that it will: ss.

• ensure that potential customers are provided with a copy of the terms and conditions attaching to the application for mobile services prior to obtaining the signature of the potential customer on the application;
• conduct an internal review to ensure that all relevant documentation complies with the requirements of the undertaking and the Trade Practices Act and that all staff are aware of the requirements of the undertaking;
• register participation in the Australian Communications Industry Forum's Industry Code on Customer Information on Prices, Terms and Conditions; and
• implement a trade practices compliance program which will be audited by a qualified professional.