ACCC hits Optus with legal proceedings over Supersonic deer ad

Optus’s “Supersonic” broadband promotion has fallen foul of the ACCC, with the industry regulator instituting proceedings against the telco claiming false advertising.

In a statement this morning, the Australian Competition and Consumer Commission said that it had instituted legal proceedings in the Federal Court in Sydney against Optus, claiming breaches of the Trade Practices Act. it said:

“The ACCC alleges that Optus engaged in misleading or deceptive conduct and made false representations in relation to the advertising of certain broadband plans as part of its ‘Think Bigger’ and ‘Supersonic’ promotional campaigns.

“Under these plans, a customer pays a specified monthly sum and receives a specified data allowance for that month divided into peak and off-peak periods. However, once the customer exceeds the peak data allowance, the internet connection is limited to a speed of 64kbps. The ACCC alleges that Optus did not sufficiently or clearly disclose, and in some cases did not disclose at all, these qualifications.

“The ACCC is seeking court orders, including declarations that Optus breached the Act, injunctions, including interlocutory injunctions, civil penalties, corrective advertising and costs.”

The Supersonic campaign, created by M&C Saatchi, launched three weeks ago.

In June, the ACCC issued proceedings aginst Optus over its use of the word “unlimited” in advertising.

At the time of posting, Optus had not responded to Mumbrella’s invitation to comment.

The court hearing has been set for next Thursday.

2.55pm update: An Optus spokesman said: “Optus acknowledges the claims made by the ACCC and looks forward to working with the ACCC to resolve any concerns they may have. We go to great length to offer the best products and services to our customers and to explain the value of those offers clearly.”

Comments


  1. Anonymous
    8 Sep 10
    1:27 pm

  2. Oh deer.

  3. Meg Moss
    8 Sep 10
    1:42 pm

  4. Telstra? Have you been telling tales again?

  5. Tom
    8 Sep 10
    1:43 pm

  6. That’ll cost some doe.

  7. banana
    8 Sep 10
    1:50 pm

  8. I have noticed thir extensive use of the word “unlimited” on ads where there are limits..

    I am surprised they keep doing it

  9. Pleased
    8 Sep 10
    3:45 pm

  10. I thought the same when I heard their ad on TV claiming ‘unlimited’ broadband but then seeing fine print on-screen detailing a limit on the download allowance. Naughty, naughty.

  11. Anonymous
    8 Sep 10
    3:47 pm

  12. Their response is just fawning over the ACCC

  13. iusedtosellshit
    8 Sep 10
    3:54 pm

  14. Good on the ACCC. Unlimited should be UNLIMITED not caveated with anything at all.

    All Telco’s rely far to much on the little Asterix. its misleading and lazy.

  15. Wisey
    8 Sep 10
    4:03 pm

  16. optus have no hart…

  17. Hadley Allchurch
    8 Sep 10
    4:31 pm

  18. Whilst they are at it they ought to have a go at the mobile phone operators claiming that you get hundreds of dollars of value from a $49 cap. Surely what you get is $49 worth, because that’s what you’ve paid for it.

  19. AdGrunt
    8 Sep 10
    4:45 pm

  20. Since this ad doesn’t mention unlimited I presume this must relate to other material.

    With their other ad showing a Moose they must be equating antlers with Broadband?

  21. Albert Ross
    8 Sep 10
    4:50 pm

  22. Optus were only trying to make a buck otherwise their profits might stag-nate.

  23. John Grono
    8 Sep 10
    5:00 pm

  24. Closing VO was “Now there’s no limit to what you can achieve”.

    I would humbly suggest that a fall-back speed of 64kbps is quite a limit.

  25. AdGrunt
    8 Sep 10
    6:04 pm

  26. Depends how literally you want to take a line of puffery with no associated offer or promise, I’d say.

    I took it to mean the Internet experience itself not hanging when streaming from Pornhub, for instance.

    But then I’m with TPG…

  27. AdGrunt
    8 Sep 10
    6:08 pm

  28. …who offer a truly unlimited data plan.

  29. Anonymouse
    8 Sep 10
    10:54 pm

  30. Sounds like passing the buck.

  31. Wtf?
    9 Sep 10
    12:28 pm

  32. this comment thread is truly pun-tastic. well done everyone.

  33. John Grono
    9 Sep 10
    12:54 pm

  34. Keep posting the puns … otherwise it will become … thread bear (groannnn).

  35. Tim
    10 Sep 10
    9:52 am

  36. Oh caribou hoo, Optus,you knew what you were doing.

  37. Anonymous
    11 Sep 10
    3:09 pm

  38. Still nowhere near as good as this one.

    http://www.youtube.com/watch?v=mudOonoGK_U

  39. ACCC grow some BALLS
    18 Sep 10
    9:03 pm

  40. Optus are shameless they have aired this again….I saw it on Channel 7 its a bugs life at 8.58pm on 18th Sept…..
    The ACCC is very weak in Oz unlike the US, even NZ is much stronger.

  41. ACCC grow some BALLS
    18 Sep 10
    11:52 pm

  42. ACC is being run by (edited under Mumbrella’s comment moderation policy)