On 28 February 2014, the ACCC commenced proceedings against telephone and broadband services provider, Zen Telecom Pty Ltd (Zen Telecom), for alleged contraventions of the ACL in relation to its unsolicited telemarketing practices. 

The ACCC alleges that Zen Telecom made false, misleading or deceptive representations during unsolicited calls to consumers, by representing that they were acting on behalf of Telstra or a business associated with Telstra.  The ACCC also alleges that Zen Telecom breached the unsolicited consumer agreement provisions of the ACL by supplying services to consumers during 10 day cooling off period, and by failing to provide consumers with:

  1. a copy of their contract within 5 business days;
  2. an agreement that stated Zen Telecom’s address and informed consumers of their cooling off rights; and
  3. a notice to cancel the contract.