[LINK] Telstra & Optus networks

[Stephen Loosley]

http://www.optus.com.au

A correction from Optus regarding the comparative coverage of the Telstra and Optus mobile networks


In a television advertisement broadcast from about 26 January 2014 until 18 February 2014, Optus represented that the difference between the Optus mobile network and Telstra's mobile network is minimal and insignificant.

The Supreme Court of Victoria has found that by broadcasting the advertisement, Optus engaged in conduct that is misleading and deceptive and made false representations in breach of the Australian Consumer Law.

In particular, the Court found that Optus falsely represented that:

1. the Optus mobile network and the Telstra mobile network cover 98.5% and 99.3% of the Australian landmass respectively, when in fact the Optus mobile network covers about 1 million square kilometres, that is approximately 12.6%, and the Telstra mobile network covers 2.356 million square kilometres, that is approximately 30.6%, of the Australian landmass;

2. the geographic coverage of the Telstra mobile network is less than 1% greater than the geographic coverage of the Optus mobile network, when in fact the geographic coverage of the Telstra mobile network is significantly greater than the geographic coverage of the Optus mobile network;and

3. the difference between the geographic coverage of the Telstra mobile network and that of the Optus mobile network is minimal and insignificant, when in fact the differences are material and substantial.

The Supreme Court has made orders restraining the further broadcast of the advertisement.

It was not in dispute that the Optus mobile network reaches 98.5% of the Australian population and the Telstra mobile network reaches 99.3% of the Australian population.

The Court has also ordered Optus to write to all customers who entered, or may enter, into a post-paid mobile plan from 26 January 2014 to 16 May 2014 (inclusive) informing them of the outcome of the Court proceeding, and advising them that they are entitled to cancel their contract with Optus without any early cancellation fee being payable.

This Corrective Advertisement has been paid for by Singtel Optus Pty Ltd and placed by Court Order of the Supreme Court of Victoria.