|Company or individual details||
|Undertaking date||7th November 2017|
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Telstra Corporation Limited (Telstra Corp) in relation to its representations about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) which were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law.
Telstra Corp, among other services offered to consumers, supplies NBN broadband services to consumers under both the ‘Telstra’ and ‘Belong’ brands.
The relevant conduct
Since September 2015, Telstra Corp offered NBN services to consumers with FTTN and FTTB connections through the following speed plans:
Telstra Corp promoted the Speed Plans online, on television, in newspapers and on radio. Telstra Corp’s promotion of Telstra Speed Plans included statements such as “Very Fast Speed Boost…can provide speeds up to 50/20 Mbps into the home” which represented to consumers that their NBN connections could deliver speeds up to the maximum speed of their Speed Plan.
In fact, Telstra Corp was not capable of delivering those speeds to many consumers, because those consumers did not have NBN connections capable of reaching those speeds.
The relevant undertaking
To address the ACCC’s concerns, Telstra Corp provided the ACCC with a section 87B undertaking which provides that, among other things:
Variation to undertaking
On 6 December 2017, the ACCC accepted a variation to the section 87B Undertaking provided to the ACCC by Telstra Corporation Limited, previously accepted by the ACCC on 7 November 2017.
The purpose of this variation of the Undertaking is to amend Telstra’s obligation to display a corrective notice to affected consumers, extend the period for Telstra to contact affected consumers, and correct inadvertent errors in the Undertaking.
|Section||18, 29(1)(b) and 29(1)(g) of the ACL|