Author Archives: Peter Moon

About Peter Moon

A telco lawyer with a truckload of experience

Unfair contract terms: No court decree required

We’ve been looking at the topic of unfair contract terms in standard form consumer contracts, following ACCC’s challenge to telcos (and other industries) to delete them from their agreements.  In this post, we de-bunk the myth that unfair contract terms … Continue reading

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Unfair contract terms: It’s unfairness, not percentages, that counts

In response to ACCC’s line-in-the-sand report on unfair contract terms in standard form consumer contracts, TCPCode.com.au has explained why it’s words, not actions, that will attract ACCC’s attention in 2013.  Now, we’ll explain why it’s unfairness, not the percentage of … Continue reading

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Unfair contract terms: It’s words, not actions, that count

As we’ve noted, the TCP Code bans unfair terms in standard form consumer contracts, and so does the Australian Consumer Law.  It’s important to understand that you can’t justify or remedy an unfair term by saying, ‘We never/hardly ever use … Continue reading

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Unfair contract terms: ACCC puts telcos on notice

The Australian Competition and Consumer Commission has changed into enforcement gear regarding the anti-unfair contract terms rules in the Australian Consumer Law.  Not only do the rules apply to telcos as part of the general law, but clause 4.5.3 of … Continue reading

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Critical Information Summary: 76% of telcos fail ACMA audit … but news not all bad

In the first week of March, the Australian Communications and Media Authority carried out Critical Information Summary (CIS) audits of 50 telcos.  76% of them scored fail grades and  received letters from ACMA requiring compliance.  So there’s work to be … Continue reading

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ACMA’s ‘CIS blitz’ is not over yet

Sixteen days after TCPCode.com.au reported that the Australian Communications and Media Authority was blitzing telcos over the new requirement for a Critical Information Summary for every ‘Offer’ they make, the authority has confirmed what we were seeing in the wild, … Continue reading

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CommCom allows grace period for compliance lodgements

Communications Compliance Ltd, the TCP Code monitor, has announced a grace period for online lodgement of mandatory annual compliance documents by telcos.  The due date of 1 April will be extended to 14 April. This looks like a CommCom initiative … Continue reading

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Compliance Attestation: 14 working days to go

21 March 2013:  Just 14 working days before telcos must file their first TCP Code Compliance Attestation.  If you think you’re now fully compliant with TCP Code requirements, why not complete your Customer Information Compliance Statement right now, so you … Continue reading

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ACMA explains why Communications Compliance matters

The Australian Communications and Media Authority describes new Code monitor Communications Compliance as the industry’s way to ‘demonstrate its compliance with the TCP Code’ and warns that ‘ACMA will use its investigation and enforcement powers if participants do not comply … Continue reading

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Complaint handling: Do you correctly recognise ‘Urgent Complaints’?

The TCP Code has special rules for Urgent Complaints, as defined by the Code.  When ACMA does a complaint handling audit, one of its main interests is whether a telco knows what an ‘Urgent Complaint’ is, and identifies them promptly, … Continue reading

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