Organisation takes action against telecom company amid serious allegations of misconduct

In a significant turn of events for the Australian telecommunications industry, a primary service provider is now under scrutiny following serious allegations from regulatory authorities.

The claims involve the treatment of specific consumers, prompting legal action that raises important questions about corporate ethics and responsibility.

As the situation develops, it brings to light broader concerns regarding the practices of companies in the sector and their impact on vulnerable groups.


The Australian Competition and Consumer Commission (ACCC) has initiated legal proceedings against Optus, alleging that the company engaged in unconscionable conduct by selling phone products to customers who were not in a position to make informed decisions.
The allegations paint a grim picture of corporate malfeasance, with the ACCC claiming that Optus targeted hundreds of consumers, many of whom were First Nations people from remote and regional areas, as well as individuals living with disabilities or facing disadvantage.

The ACCC contends that these customers were often sold goods and services they neither wanted nor needed, only to be pursued for debts incurred from these sales.


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The ACCC sues Optus for allegedly selling phone products to vulnerable customers through unfair practices. Credit: Shutterstock


The gravity of the situation is underscored by the fact that many of these customers were living with disability, diminished cognitive capacity, or learning difficulties.

Some were reportedly unemployed or possessed limited financial literacy, making them particularly susceptible to aggressive sales tactics.

The ACCC's Chair, Gina Cass-Gottlieb, has described the alleged conduct as 'very serious,' emphasising that Optus sold products to consumers experiencing vulnerability that they did not need, want, or afford.


The ACCC's investigation has revealed nearly 429 cases in which customers were allegedly subjected to undue pressure to purchase an excessive number of products and accessories without being informed about the availability of Optus coverage in their area.

In some instances, debt collectors were reportedly engaged to chase payments from those who could not afford to pay.

The heart of the issue lies in Optus's commission-based remuneration system, which, according to the ACCC, incentivised unethical sales behaviour.

This system allegedly led to widespread inappropriate sales conduct at two Optus stores in Darwin, where almost all staff were implicated, and the stores' management encouraged it.

The ACCC also alleges that these stores failed to perform coverage checks even though many customers reside in areas without Optus service.


The case also includes allegations of manipulating credit checks and making false and misleading representations to customers, such as claiming items were free when they were not.

One particularly distressing account involves a woman with an intellectual disability who was encouraged to visit an Optus store without her carer, where she was sold multiple products that eventually led her into debt.

The emotional toll on the affected consumers has been significant, with many experiencing shame, fear, and emotional distress, not only due to the debts but also from being pursued by debt collectors.

The ACCC's pursuit of justice includes seeking redress for the consumers involved and further penalties and costs against Optus.

They also aim to enforce a compliance program to apply proper procedures and systems across all Optus stores.


This lawsuit follows a similar case in which Telstra was fined $50 million for mistreating more than 100 Indigenous customers between 2016 and 2018.

The ACCC's current action against Optus was prompted by a referral from the Telecommunications Industry Ombudsman, highlighting a potentially systemic issue within the industry.

As the case unfolds, it reminds all consumers to remain vigilant and informed when dealing with telecommunications providers.

If you suspect that you or someone you know has been a victim of similar practices, seeking assistance from financial counsellors or legal advocates is crucial.

The ACCC's crackdown on such unethical behaviour is a positive step towards protecting consumers.

Still, it also underscores the need for ongoing scrutiny of corporate practices, mainly when they affect the most vulnerable members of our community.
Key Takeaways
  • The Australian Competition and Consumer Commission (ACCC) is suing Optus for allegedly selling phone products to vulnerable customers through unconscionable conduct.
  • The ACCC claims that Optus exploited customers, including those with disabilities, cognitive issues, or from First Nations communities, selling them products they didn't want, need, or couldn't afford.
  • The ACCC is seeking financial redress for affected customers, significant penalties against Optus, and implementing a compliance program.
  • The ACCC began this investigation following a referral from the Telecommunications Industry Ombudsman after similar past issues involving Telstra, resulting in a $50 million fine.
Have you or someone you know felt pressured to buy unnecessary or unaffordable products from a service provider? What can be done to protect vulnerable consumers from aggressive sales tactics in telecoms? Let us know in the comments below.
 
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Maybe they should start by investigating the staff in those particular stores. They might be running a scam using Optus legitimate looking paperwork including their ABN number. I know of a company who had a very similar thing happen. Somebody got the correct details ....or it was an inside job.
 
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Reactions: Jo Piper3
It isn’t just Optus, mind you that is really disgusting taking advantage of people like that.
I was referred to a physio for back pain she asked me all sorts of questions seemingly unconnected as far as I was concerned. By the second visit she was sending me back to my Dr with instructions to refer me for 12 months treatment for not only physio but for a physiologist and exercise classes !! I don’t think so lady !
 
Some seemingly nonrelevant questions can be because the sections of the body are interconnected via our muscles, nerves and blood flow. I was asked a question that it was explained why the question was asked.
Many physiotherapists give patients exercises to do but they find their patients don't do them alone - the need the encouragement of doing them in a group. A physiologist also notices if you are doing them incorrectly and possibly causing more damage.
 

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