ACCC v Singtel Optus [2011] FCA 87

This misleading and deceptive case concerned the carrier’s four advertisements for ‘unlimited broadband’ which failed to disclose speed limitations once a specified data allowance was reached.

The court obliged the prosecution by making a declaration that the ordinary reasonable consumer would not read ‘unlimited’ as referring only to volume but also speed. However, the court refused to grant an injunction to address future ads since it would be unlikely address the context of any future ads:

The advertising campaigns are long over. There is little point in granting the injunction sought, even though the Court has power to grant an injunction in these circumstances: s 80(4)(a) of the Act. The respondent does not intend to use these advertisements again

The court gave the opinion that it would have been of greater public benefit to bring an urgent interlocutory application while the ads were still underway.

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