As a consequence of proceedings brought by the Australian Competition and Consumer Commission (ACCC), Optus Mobile Pty Ltd (Optus) has admitted to engaging in unconscionable conduct in connection with its sale of telecommunications goods and services to a large number of consumers and has agreed to pay a penalty of $100 million.
Further, Optus has agreed to sign an undertaking whereby Optus and the ACCC will make joint submissions to the Court in support of relief orders to be made including declarations, penalties, costs, a publication order and corrective notice. Both the penalty and undertaking are subject to court approval.[1]
We have outlined below the claim brought by the ACCC against Optus, the unconscionable conduct which Optus has admitted and the agreed penalty, which is subject to court approval.
Authors:
Tom Griffith, Partner
Email: TGriffith@piperalderman.com.au
Madison Milward, Law Graduate
Email: mmillward@piperalderman.com.au