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TIO position statements

16 September 2014

We are pleased to release the following four new position statements after consulting with industry and consumer representatives. The new position statements will be effective from 7 October 2014.

The new position statements are:

  • Pre-sale information or conduct
  • Telecommunications contracts
  • Billing
  • Charges

The position statements cover the following topics. Click on the titles of the position statements to read them in full.

Title of position statement

Scope of position statement

Replaces existing position statement

Pre-sale information or conduct

This position statement outlines the law, good industry practice and our view on:

  • communication with consumers
  • accessibility of terms and conditions
  • telecommunications offers
  • advertising
  • selling practices
  • informed consent
  • keeping records of information given to a consumer
  • Acceptable Use Policies
  • technical information about a product
  • entering a contract for a product for someone else to use.

  • Acceptable use policies
  • Account holders, guarantors and end users
  • Dealers and agents: provider denying liability for dealer's actions
  • Door to door selling: failure to provide rescind notice
  • Information provided during a sales transaction
  • Marketing of telecommunications services: use of headlines and terms such as unlimited, free or capped
  • Spamming
  • Telemarketing
  • Telecommunications contracts

    This position statement outlines the law, good industry practice and our view on:

    • standard forms of agreement
    • capacity to contract
    • unfair contract terms
    • gaining consent
    • providing a service for the full length of a contract
    • disputes between legitimate occupiers and property owners
    • varying a contract
    • charges for terminating a contract.
    • Early termination fees for fixed term contracts
    • Early termination fees for mobile contracts
    • Installation authorised by occupier not owner of premises
    • Notice requirements for contract cancellations
    • Services provided to minors - young people and contracts
    • Unfair contract terms
    • Variations to contracts

    Billing

    This position statement outlines the law, good industry practice and our view on:

    • issuing bills
    • bill format and clarity
    • itemised billing
    • billing delayed charges
    • li>copies of previous bills.
    • Backbilling for prepaid mobiles
    • Backbilling of charges
    • Backbilling of mobile call charges included in monthly allowance
    • Billing not by preferred provider
    • Itemisation fees

    Charges

    This position statement outlines the law, good industry practice and our view on:

    • charges for international mobile roaming
    • charges for barring mobile premium services
    • information about charging
    • liability for charges incurred through unauthorised use of a service
    • equipment rental charges
    • unit pricing
    • administrative or miscellaneous charges
    • third party charges billed by the provider.
    • Connection fees where in-place reallocated
    • Disputed charges - consumer denies all knowledge of calls made from a landline
    • Disputed charges - consumer denies all knowledge of calls made from a mobile
    • Disputed internet dialler charges - data calls to international and 190X numbers
    • Excess usage charges
    • Hacking or "freeloading"
    • Handset rental charges
    • Liability for charges incurred by third parties
    • Long duration calls
    • Non-local ("STD") dial-in number complaints
    • Repeat dialling to connect to the internet
    • Reverse charge calls: failure to notify call rates
    • Short duration calls
    • SMS charges billed but message never received
    • Stolen mobiles

    These position statements are the fourth set to be released as part of the TIO's wider position statements review, which is scheduled to be completed by the end of 2014.

    TIO position statements provide broad guidance on the law, good industry practice, and what the TIO may consider to be fair and reasonable in general circumstances. TIO position statements are not a full statement of the law or good industry practice. The TIO considers each matter brought to it on its own particular merits.

    Excess data usage

    Brenda - Case Study

    The owner of a small pharmacy contacted us after getting billed more than $8,000 for going over her internet usage limit.

    Next step?              

    • make an online complaint
    • 1800 062 058                
    • Write PO Box 276
      Collins Street West Vic 8007                            
    • National Relay Service Call on 1800 555 677 then ask for 1800 062 058            
    • Fax our consumer complaint form to 1800 630 614