On 3 March 2014, the ACCC accepted a s87B Undertaking from Medion Australia Pty Limited (Medion) in relation to claims about unlimited features in the ALDImobile Unlimited Pack that were likely to contravene sections 18 and 29(1)(g) of the ACL.
Medion supplies pre-paid mobile products and services under the brand name ALDImobile. Between 14 September 2013 and 15 November 2013, Medion represented on the ALDImobile website that the ‘Unlimited Pack’ provided customers with 30 days of unlimited voice calls, voicemail, SMS and MMS.
The ACCC was concerned that these ‘unlimited’ representations were likely to mislead consumers, because the ‘Unlimited Pack’ was subject to usage restrictions outlined in the Acceptable Use Policy, which meant that consumers were subject to daily, three day and 30 day limits on voice calls, SMS and MMS.
To address the ACCC's concerns, Medion changed the name of the ‘Unlimited Pack’ to ‘$35 Plan’ and gave a section 87B undertaking that it will:
- not engage in the same or similar conduct for three years;
- publish a corrective notice on the ALDImobile website for 30 days; and
- establish a compliance program for two years.