• PRO
  • Events
  • Awards
    • Client Choice
    • Influencers
    • WWL Awards 2023
    Introducing Instruct Counsel
    The next generation search tool for finding the right lawyer for you.
  • About
  • Blog Popular
  • Login
  • Register
  • PRO
  • Resources
    • Latest updates
    • Commentary
    • Q&A
    • Analysis
    • Practical resources
    • In-Depth
    • FromCounsel
  • Research tools
    • Global research hub
    • Lexy
    • Primary sources
    • Scanner
    • Research reports
    • Instruct Counsel
  • Resources
  • Research tools
  • Who's Who Legal
    • Find an expert
    • Reports
    • Thought Leaders
    • Performance Index
    • Research methodology
    • Submissions
  • Who's Who Legal
  • Learn
    • All
    • Masterclasses
    • Videos
    • Audio
  • Learn
  • Instruct Counsel
  • My newsfeed
  • Events
  • About
  • Blog
  • Popular
  • Compare
  • Topics
  • Interviews
  • Guides

Analytics

Review your content's performance and reach.

  • Analytics dashboard
  • Top articles
  • Top authors
  • Who's reading?

Content Development

Become your target audience’s go-to resource for today’s hottest topics.

  • Trending Topics
  • Discover Content
  • Horizons
  • Ideation

Client Intelligence

Understand your clients’ strategies and the most pressing issues they are facing.

  • Track Sectors
  • Track Clients
  • Mandates
  • Discover Companies
  • Reports Centre

Competitor Intelligence

Keep a step ahead of your key competitors and benchmark against them.

  • Benchmarking
  • Competitor Mandates
Lexology

Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Register now for your free, tailored, daily legal newsfeed service.

Find out more about Lexology or get in touch by visiting our About page.

Register

ACMA warns Telstra on billing accuracy

Baker McKenzie

To view this article you need a PDF viewer such as Adobe Reader. Download Adobe Acrobat Reader

Australia October 14 2013


The Australian Communications and Media Authority (ACMA) has formally warned Telstra for breaching the Telecommunications Consumer Protection Code 2007 (TCP Code).
Between 2006 and 2012 Telstra incorrectly billed over 260,000 international data roaming customers multiple flag fall fees for single data sessions, amounting to a total overcharge of around $30 million. The incorrect bills were based on incorrect information Telstra received from international carriers and its contracted data clearing house.
The TCP Code requires providers to bill customers accurately, subject to certain exceptions, including where the inaccuracy is caused by reliance on information provided by contractors.
The ACMA investigation found that Telstra could rely on this exception only until early 2009, when Telstra first received a complaint from a consumer who had been incorrectly billed for multiple overseas data sessions. That first complaint put Telstra on notice as to the incorrect billing information provided by its contractor and all billing inaccuracies after that point in time could be attributed to Telstra’s failure to investigate and identify those problems and correct its billing practices accordingly. The decision reflects the vital importance of accurate billing in the consumer / telco relationship.
‘Accurate billing is of the utmost importance’ said ACMA Chairman, Chris Chapman. ‘Our investigation makes it very clear that all telcos need to listen to their customers who report billing problems and be vigilant about any potential issues with the information provided to them by third parties.’
The ACMA’s decision to formally warn Telstra for the breach took into account the facts that Telstra was not the original cause of the problem; that this was the first time a billing issue of this nature had been investigated under the TCP Code; that Telstra itself reported the matter; and that Telstra appears to be otherwise currently compliant with the relevant parts of the TCP Code 2012. Importantly, Telstra proactively implemented a comprehensive program of compensation that mitigated the harm for affected customers.
The ACMA cannot, itself, impose penalties or require refunds in response to code breach findings.
Implications for businesses
While businesses may rely on information provided to them by third party contractors (such as international carriers or third parties providing services on their behalf) for billing purposes, they will no longer be able to rely on that information once put on notice of any problems or inaccuracies with that information, and remain responsible for ensuring their customers are billed accurately and fairly. Customer complaints should be taken seriously and investigated thoroughly, as they may put a telco on notice of any problems relating to third party information, making the telco responsible for correcting the information and its billing arrangements.
Since the new TCP Code was registered in September 2012, the ACMA has made over 330 inquiries with providers about TCP compliance issues, issued 8 Formal Warnings and Given 3 Directions to Comply, in relation to compliance with key new consumer protections – including new advertising rules, the requirement for Critical Information Statements and the requirement for providers to submit their own compliance assessments to industry body Communications Compliance.
The ACMA’s focus over the next quarter will be on checking compliance with the new requirement that telco providers notify customers on included value plans when they have used 50%, 85% and 100% of their included allowance.
For more information, please contact Anne-Marie Allgrove and Toby Patten.

Content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee similar outcomes. For more information, please visit: www.bakermckenzie.com/en/client-resource-disclaimer.

Baker McKenzie - Anne-Marie Allgrove and Toby Patten

Baker McKenzie delivers integrated solutions to complex challenges.

Complex business challenges require an integrated response across different markets, sectors and areas of law. Baker McKenzie’s client solutions provide seamless advice, underpinned by deep practice and sector expertise, as well as first-rate local market knowledge. Across more than 70 offices globally, Baker McKenzie works alongside our clients to deliver solutions for a connected world.

Visit InsightPlus to access insights and analysis on the latest news, legal developments and thought leadership authored by our expert lawyers. Visit Bakermckenzie.com to find out more about our services and how we can assist.


Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Filed under

  • Australia
  • Telecoms
  • Baker McKenzie

Organisations

  • Australian Communications and Media Authority

Popular articles from this firm

  1. Australia: Changes to Employer Sponsored Work Visa Programs from 25 November 2023 *
  2. Australia: Merger reform debate is finally underway… *
  3. Data Protection Day - Key developments and trends for 2023 *
  4. Australia: Significant new developments in online safety regime *
  5. Episode 11 - How will we trade in the future? *

If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected].

Powered by Lexology

Related practical resources PRO

  • Checklist Checklist: What to consider when terminating a contract (USA)
  • How-to guide How-to guide: Maximizing the use of boilerplate clauses to limit the risk of unforeseen events (USA)
  • How-to guide How-to guide: How to draft and negotiate limitation of liability clauses (USA)
View all

Related research hubs

  • Australia
  • Telecoms
Back to Top
Resources
  • Daily newsfeed
  • Commentary
  • Q&A
  • Research hubs
  • Learn
  • In-Depth
  • Lexy: AI search
  • Scanner
Who's Who Legal
  • Find an expert
  • Reports
  • Thought Leaders
  • Performance Index
  • Research methodology
  • Submissions
  • Instruct Counsel
More
  • About us
  • Legal Influencers
  • Firms
  • Blog
  • Events
  • Popular
Legal
  • Terms of use
  • Cookies
  • Disclaimer
  • Privacy policy
Contact
  • Contact
  • RSS feeds
  • Submissions
 
  • Login
  • Register
  • Follow on Twitter
  • Follow on LinkedIn

© Copyright 2006 - 2023 Law Business Research

Law Business Research