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The complaint
A small business owner who manufactures and sells mobile phone cases, changed his business model to offer mobile phone voice and data services, but did not join the TIO
The duration
1 week
The outcome
The small business completed the membership process.

The issue

IMan holding digital tabletn February Peter Craig*, a small business owner who manufactures and sells mobile phone cases, changed his business model to offer mobile phone voice and data services. Peter contacted a larger telco wholesaler to organise the new services. 

Both companies exchanged contracts and Peter relaunched his new business, Indigo Telco*, two months later. Peter advertised through local newspapers and social media. Within a month, Peter had a small customer base of 30 customers connected to his new mobile services. 

The Telecommunications Industry Ombudsman’s Member Services team became aware of Indigo Telco’s new business. It found Indigo Telco had not registered as a member.

The investigation

Subsection 128(1) of the Telecommunications Consumer Protection and Service Standards (TCPSS) Act 1999 says ‘Each carrier and each eligible carriage service provider must, in association with other carriers and other eligible carriage service providers, enter into a scheme providing for a Telecommunications Industry Ombudsman.’ 

Member Services contacted Peter to discuss Indigo Telco’s requirement to become a member of the Telecommunications Industry Ombudsman. Peter was aware of this requirement when starting his new business but decided as he had a small number of customers he did not need to comply with the TCPSS Act. Member Services sent Peter information about the Telecommunications Industry Ombudsman and the TCPSS Act, along with a membership form. 

Member Services also informed the ACMA about Peter’s telecommunications business so that it could provide Peter with information about the TCP Code, its Complaint Handling Standards and other compliance requirements.

The outcome

Peter completed the membership form and within a week became a member of the Telecommunications Industry Ombudsman. 

Member Services sent Indigo Telco confirmation of membership within two days, along with further information about the complaint process and obligations for telecommunications providers. Member Services also subscribed Indigo Telco to its monthly MNews publication for all its members, and advised of upcoming training and induction programs offered by the Telecommunications Industry Ombudsman

*Names have been changed to protect privacy.

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How we've helped other customers

Tamin Tutoring was charged an unfairly high early cancellation fee

Complaint
Tamin Tutoring signed up for an NBN service and equipment bundle with BlockTel but experienced frequent faults with slow and dropped video calls and inconsistent phone calls. When they tried to cancel due to these issues, BlockTel demanded over $7,000 for early termination.
Outcome
Tamin Tutoring didn’t want to pay this cancellation fee because the service never worked properly. After complaining to our office, the parties agreed that Tamin Tutoring could exit its contract and only pay 40 per cent of the cost of the cancellation fees.
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Tamin Tutoring was charged an unfairly high early cancellation fee

Complaint
Tamin Tutoring signed up for an NBN service and equipment bundle with BlockTel but experienced frequent faults with slow and dropped video calls and inconsistent phone calls. When they tried to cancel due to these issues, BlockTel demanded over $7,000 for early termination.
Outcome
Tamin Tutoring didn’t want to pay this cancellation fee because the service never worked properly. After complaining to our office, the parties agreed that Tamin Tutoring could exit its contract and only pay 40 per cent of the cost of the cancellation fees.
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The Telecommunications Industry Ombudsman acknowledges the traditional custodians of the land throughout Australia and their continuing connection to land, culture and community.
We pay our respects to Elders past and present, and extend our respect to Aboriginal and Torres Strait Islander Peoples from all nations of this land.