TIO welcomes ACMA action on consumer code breach

The Telecommunications Industry Ombudsman (TIO) has welcomed the Australian Communications and Media Authority's (ACMA) direction to Sure Telecom Pty Ltd to comply with the Telecommunications Consumer Protections (TCP) Code.

The ACMA's investigation, which was commenced after advice from the TIO about possible non-compliance based on a TIO systemic investigation, found Sure Telecom had breached 19 clauses of the TCP Code.

The TIO's advice followed a number of complaints from consumers who told us Sure Telecom misrepresented its affiliation with Telstra during unsolicited sales calls. The complaints raised concerns that Sure Telecom:

• did not inform consumers of their rights to cancel an unsolicited consumer agreement during the cooling off period
• did not provide consumers with information outlining how they could cancel the agreement during the cooling off period
• transferred standard telephone services without the informed consent of Rights Of Use Holders or their authorised representative, and
• processed direct debit transactions without notice or providing adequate time for consumers to verify the charges.

"The consumer complaints received by the TIO demonstrated a real potential for Sure Telecom's conduct to cause clear and substantial detriment to consumers,” Ombudsman Simon Cohen said. "I welcome the ACMA's direction that Sure Telecom complies with the TCP Code."

The TIO continues to work with the ACMA on further investigation of Sure Telecom and associated companies, following complaints to the TIO about transfers of Sure Telecom customers to SoleNet Pty Ltd.