RSL COM Personal Communications Pty Ltd - s.87B undertaking

Moore Talk Communications Pty Ltd, trading as MT Marketing, acts as a dealer for RSL COM Personal Communications Pty Ltd. MT Marketing promoted mobile phone and access plan packages by way of telemarketing activities across Australia. The company failed to provide customers with a copy of the terms and conditions attaching to the application for mobile services with RSL COM, before obtaining the signature of the customer.

The Commission is of the view that this conduct contravenes sections 51AB, 51AC, 52 and 53(g) of the Trade Practices Act 1974.

RSL COM undertakes that it will:

• not fail to provide potential customers with a copy of the terms and conditions of the application for mobile services before obtaining the signature of the potential customer;
• write to affected customers and offer them the opportunity of rescinding their contracts;
• review all operating procedures to ensure that customers are given a full copy of the terms and conditions;
• review its trade practices compliance program and conduct an audit; and
• join the Australian Communications Industry Forum's Code on Customer Information on Prices, Terms and Conditions as a signatory.