The ACMA has issued a formal warning to Optus for inaccurately billing some customers using two of its ancillary messaging options for post-paid services during the period November 2008 to September 2012. The ACMA's decision to formally warn Optus (rather than giving a Direction to Comply) took into account that Optus:
- reported the matter to the ACMA of its own volition;
- is currently compliant with the relevant provisions of the TCP Code regarding billing accuracy; and
- proactively implemented a program to identify and compensate affected consumers.
The ACMA's media release noted Optus's constructive engagement with the ACMA's investigation and the ACMA's comfort that Optus had rectified the inaccuracies, which were caused by errors in an IT upgrade.
The media release also reports that since the registration of the TCP Code in 2012, the ACMA has issued 108 formal warnings, 10 Directions to Comply, and one infringement notice for contravening a Direction to Comply.
For more information, and a copy of the formal warning, please see the ACMA media release.