Could your phone plan be putting you at risk? ACCC sues telecom company over alleged exploitation

Recent allegations against one of Australia’s largest telecommunications providers have sparked a major legal battle, shedding light on practices that have left many customers questioning their treatment.

What started as routine sales transactions has now evolved into a complex and troubling lawsuit, with far-reaching implications for vulnerable Australians.

The unfolding case reveals disturbing details about how some customers were allegedly exploited, sparking widespread concern about consumer protection in the industry.


The Australian Competition and Consumer Commission (ACCC) launched legal proceedings against Optus in October, accusing the telco of selling phones and mobile plans that hundreds of vulnerable customers could not afford.

The regulator claimed the misconduct occurred primarily across three Optus stores, including locations in Darwin.


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ACCC sues Optus over alleged exploitation of vulnerable customers. Image source: Pexel/Tima Miroshnichenko


The ACCC's lawsuit, which involved 429 customers, detailed allegations of unconscionable conduct by Optus employees. The majority of these cases stemmed from two stores in Darwin: Palmerston Gateway and Casuarina.

A woman with cerebral palsy and intellectual disability, for example, was allegedly signed up for 24 contracts over 15 months, including multiple phones, tablets, and smartwatches.

This person was reportedly sold devices like an iPhone 13 Pro Max, Samsung Galaxy phones, and a Huawei modem, despite having limited decision-making ability and relying solely on a disability support pension.

At the time of the 24th contract, Optus had already sent numerous notifications to her about missed payments.


The court documents also highlighted other vulnerable customers, including a homeless, deaf, and mute man who had part of his hand amputated.

He was allegedly sold a Samsung Galaxy phone, a costly mobile plan, and an accessories bundle worth $480.

The ACCC argued that the Optus staff involved should have been aware of the man’s limited use for technology, especially given his disability.

Additional cases in the court document focused on individuals with Alzheimer’s or dementia, such as a man with Alzheimer’s who collapsed in an Optus store in Victoria after struggling to cancel his contract.

His case was not resolved for over a year, and he passed away less than a year later.


The regulator also raised concerns about mobile plans sold to First Nations people who lived in remote areas with no Optus coverage.

Internal emails suggested that Optus was aware of this issue, especially after Telstra was fined $50 million for similar practices in 2021.

An Optus spokesperson expressed regret over the situation, stating that the company was deeply sorry for the affected customers and that the alleged actions were ‘unacceptable and out of step with Optus’s values’.

They clarified that the majority of misconduct had occurred at three licensee-operated stores, and staff involved had been disciplined, with some even terminated.

‘We are remediating affected customers–providing refunds, waiving outstanding debts and enabling them to keep devices,’ the spokesperson said.

‘We are working hard to fast-track any outstanding remediation as a matter of urgency.’

Optus’s new CEO, Stephen Rue, initiated an internal review to prevent further misconduct of this nature and to investigate individual cases.

The company also confirmed that its specialist care team for vulnerable customers had been given additional resources.


Sadly, this is not an isolated case. There was another instance where the ACCC took action against a telecom company amid serious allegations of misconduct.

In a previous story, we discussed how consumer protection laws are being tested by growing concerns over corporate accountability in the telecommunications industry.

Read the full article here.

Key Takeaways
  • The ACCC filed a lawsuit against Optus for allegedly selling unaffordable phones and plans to vulnerable customers.
  • The lawsuit involved 429 customers, with most cases originating from two stores in Darwin.
  • Some customers, including individuals with disabilities, were sold devices they couldn’t afford, relying on limited income sources like disability pensions.
  • Optus has apologized and is offering remediation, including refunds and debt waivers, while launching an internal review.

Are companies doing enough to protect those with limited financial means and decision-making capacity? We’d love to hear your thoughts. Share your opinions in the comments below.
 

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The only way to stamp out this sirt if unconscionable behaviour which, incidentally, goes on across most corporates, especialky retail, banking, insurance, finance, law (yes law) is to make it illegal to set unrealistic targets (known as "stretch" targets to staff.

These targets vegin at the top and get "stretched" at each level down the pecking order. By the time they reach the lowest level (usually the customer facing staff) they are stretch so far they are unachievable by acting honestly. Therefore, staff use any tactic to try to reach the targets they have been set. These staff are inevitably the lowest paid so in order to earn a liveable income they must meet the target to get the bonus each quarter or year ir whatever.

Until thus practice of sales target is made illegal, the unconscionable behaviour will continue and companies will continue to turn a blind eye.

You will note that most if the industries concerned are so-called service undustries. Well, they used to be exactly that. "Service" being the operative word. That is no longer the case. They are "sales" undustries and that's the only thing that concerns business. The less service they have to provide and the more sales they generate (using whatever means they can think of) the better their bottom line and the more pressure on the staff who face the customers every day.
 
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Reactions: DLHM
How unprofessional has this Company been.. Not only taking advantage of people with
ALZHEIMERS BUT plans sold to First Nations people who lived where there was NO OPTUS
COVERAGE.. I bet they did not make their customers aware of that at the time.
The only way to stamp out this sirt if unconscionable behaviour which, incidentally, goes on across most corporates, especialky retail, banking, insurance, finance, law (yes law) is to make it illegal to set unrealistic targets (known as "stretch" targets to staff.

These targets vegin at the top and get "stretched" at each level down the pecking order. By the time they reach the lowest level (usually the customer facing staff) they are stretch so far they are unachievable by acting honestly. Therefore, staff use any tactic to try to reach the targets they have been set. These staff are inevitably the lowest paid so in order to earn a liveable income they must meet the target to get the bonus each quarter or year ir whatever.

Until thus practice of sales target is made illegal, the unconscionable behaviour will continue and companies will continue to turn a blind eye.

You will note that most if the industries concerned are so-called service undustries. Well, they used to be exactly that. "Service" being the operative word. That is no longer the case. They are "sales" undustries and that's the only thing that concerns business. The less service they have to provide and the more sales they generate (using whatever means they can think of) the better their bottom line and the more pressure on the staff who face the customers every day.
 
I went into Optus to inquire about getting a new NBN Modem as per their Tech Dept. Was told I would have to commit to a new 3 yr contract with the price going up an extra $22 a month. They told me this was all they could do. When I told them I couldn't afford that, they said they could give me a $5 discount for 3 months only as I had been with them for so long. Was told no use going to the other Phone companies as their plans were the same. Went to Harvey Norman after doing a bit of searching & they helped me with buying one outright that was not too expensive. Have no faith with Optus & will be looking at other companies to take my business to that won't rip me off. Anyone have any suggestions or reliable Internet companies.
 
Taking advantage of customers is nothing new, especially with banks.
Almost 20 years ago, as a single mother then, I applied for a mortgage loan at my bank.
Stating all the required information correctly, including a small deposit and my income, I was offered a loan of more than double the requested amount!
Shocked, I responded to the bank, diplomatically expressing what a bunch of @rseholes they were for trying to get me into debt and more than likely ending up repossessing the predicted property.
No, I never took the loan and changed banks.
 
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Reactions: deni67 and DLHM
I went into Optus to inquire about getting a new NBN Modem as per their Tech Dept. Was told I would have to commit to a new 3 yr contract with the price going up an extra $22 a month. They told me this was all they could do. When I told them I couldn't afford that, they said they could give me a $5 discount for 3 months only as I had been with them for so long. Was told no use going to the other Phone companies as their plans were the same. Went to Harvey Norman after doing a bit of searching & they helped me with buying one outright that was not too expensive. Have no faith with Optus & will be looking at other companies to take my business to that won't rip me off. Anyone have any suggestions or reliable Internet companies.
That is ridiculous, we always buy our modems upfront from the mobile company we're with, which is iiNet.
 
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Reactions: Kaylee
I am unsure how staff at any store in the world are supposed to diagnose Alzheimer's in any customer that walks through their doors. However, I question where the protocols around area coverage and if a person is able to afford the purchase of a particular product. I can see the ability of some staff to take advantage of intellectually disabled people. The other issue are the companies themselves are part of this problem because they are always pushing for higher and higher sales. I worked in a kiosk and the company pushed and pushed for higher and higher sales. This push can make salespeople to do the wrong thing in order to reach sales goals from their employer. The problem is it never seems to matter how well or how much a person sells each week the companies always jack up the sales goals week after week. I understand that companies need incentives to ensure sales employees are selling products at every opportunity. I also understand that Salespeople must make sales in order to cover their wages, rent, stock, advertising, electricity and all other shop costs. I think that these companies need to look in the mirror and accept that their selling practices and push for higher sales are part of this problem.
 
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Reactions: Dynamo

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