Telstra’s actions inflict deep pain on grieving families despite no-penalty verdict

In an age where technology is meant to simplify our lives, it's a harsh reality when it does the opposite, especially during personal tragedy.

The recent findings against Telstra, one of Australia's largest telecommunications companies, have highlighted a significant issue within the industry:

The lack of adequate protections for bereaved families dealing with the aftermath of a loved one's death.


Jenny Moncur's heart-wrenching story of being 'unnecessarily harassed' by Telstra for nearly a decade after her husband's death has brought to light a major gap in regulations.

Despite her persistent efforts to stop the company from sending communications regarding her late husband's mobile phone account, her pleas fell on deaf ears.


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Almost a decade of unnecessary harassment was experienced by Jenny Moncur from Telstra regarding her deceased husband's mobile phone account. Credit: Shutterstock


The emotional toll of being reminded of her loss through insensitive emails and requests to speak with her deceased husband cannot be overstated.

The Australian Communications and Media Authority (ACMA) investigated Telstra's conduct and found it caused 'considerable anguish for many bereaved families.'

The regulator identified significant shortcomings in Telstra's customer management processes, which allowed for prolonged communication even after the company had been notified of a customer's death.


However, the outcome of the investigation has left many, including Ms Moncur, disappointed.

Despite the clear emotional distress caused to grieving families, Telstra will not face any penalties.

The investigation concluded that Telstra's actions did not breach the Telecommunications Consumer Protections (TCP) Code.

The Australian Communications Consumer Action Network (ACCAN) CEO, Carol Bennett, has called ACMA a 'toothless tiger,' unable to hold the industry accountable.

The lack of significant financial penalties for such distressing violations is concerning, and there are calls for the maximum penalty under the TCP code to be increased from its current cap of $250,000, deemed 'totally inadequate.'


The case of Jenny Moncur is not an isolated incident.

After she went public with her story, 20 other grieving families facing similar battles with Telstra contacted ABC.

This collective outcry prompted Telstra to issue an apology, set up a dedicated helpline for bereaved families, and update its bereavement processes.

Yet, the question remains: why did it take public exposure for the company to take action?

The industry is under pressure to enhance consumer protections under the TCP code, which is currently under review.


However, consumer groups such as CHOICE, Financial Counselling Australia, and the Indigenous Consumer Assistance Network have refused to participate in the review.

The Communications Alliance, the industry's peak body, has acknowledged the need to close the gap exposed by cases like Ms Moncur's.

The ongoing review of the TCP code is expected to address improvements to domestic and family violence protections, selling practices, and appropriate safeguards.

Communications Minister Michelle Rowland has stated that she is closely monitoring the TCP code review and is considering additional reforms to ensure the consumer safeguards framework remains fit for purpose.

For Jenny Moncur, a former paramedic who spent her career helping others, the ordeal with Telstra has spurred her to advocate for better protections for other families.
Key Takeaways
  • Jenny Moncur experienced almost a decade of unnecessary harassment from Telstra regarding her deceased husband's mobile phone account.
  • The Australian Communications and Media Authority (ACMA) found that Telstra's conduct inflicted considerable anguish on many bereaved families but did not breach the Telecommunications Consumer Protections (TCP) Code, so no penalty was imposed.
  • Consumer groups are arguing for more substantial penalties and an overhaul of the industry code to prevent mismanagement of situations involving deceased customers, as well as better protections against other issues like domestic and family violence.
  • ACMA has called for improvements to the TCP Code, and a review is underway with the Communications Minister monitoring the situation and considering further reforms.
How do you think companies should be held accountable for distressing grieving families? Feel free to share your thoughts and opinions in the comments below.
 
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Just speaking to any Telco about anything is harassment to me and just because it didn't happen to you doesn't mean it didn't happen to this person if that's what you're implying
Yes, that can happen, and of course I don't know about people's personal issues with regard to their deceased relatives with Telcos. I certainly don't hold Telstra in high regard. We use Telstra for internet. We would change in a flash, except to keep our existing emails etc. we have to pay Telstra several hundred dollars/year for the privilege. Their 'smart' modem consists of junk software. Just this week, we needed another modem replacement. Why they can't give us the latest firmware is beyond me!
 
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I have been the executor to the wills of three different people, one not even related to me. As part of my duties I contacted ALL services & companies, provided them with copies of the death certificate. Paid up any outstanding debt up until the day of the death, and have never had a problem. Debt does not die automatically with the debtor... sorry but that's the case. Some companies will wipe off the debt (small ones) significant debt almost always needs to be paid. To expect otherwise is inviting trouble.
 
I know the best to contact the company and give them a copy of the death certificate. It has to be signed by a Solictor as proof of death
 
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Unfortunately this is nothing new. My husband died nearly 12 years ago and I couldn't cancel his monthly Telstra account because they couldn't speak to the account holder. I was told that I wasn't an authority on his account and they insisted that they speak to the account holder. This argument went on for 6 weeks before I finally reported Telstra to the Telecommunications Industry Ombudsman and was given an Australian phone number to call. The man there was appalled at how I was treated. However all I wanted was to retrieve his messages so that I could tell people who had called that he'd died, but Telstra only keep messages for 4 weeks, so there weren't any messages by that time.
I finally managed to cancel the account, but not before it escalated up to $900 owing. Needless to say that as executor I was in charge of paying his bills and there wasn't much money left, so Telstra never got paid!

Appalling behaviour that hasn't changed despite me reporting it nearly 12 years ago. Nothing has changed!
 
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Not sure about this story. My mother had an account with Telstra before she passed away. We needed to pay an amount with the pro-rata balance before the end of that month. We weren't contacted in any form after that and never harrassed.
You were one of the lucky ones. Unfortunately the same horror story happened to me when my husband died. The idiots in the overseas call centre refused to talk to me because I wasn't the account holder and I wasn't authorised on their paperwork. They didn't seem to understand what DEAD meant...
 
You were one of the lucky ones. Unfortunately the same horror story happened to me when my husband died. The idiots in the overseas call centre refused to talk to me because I wasn't the account holder and I wasn't authorised on their paperwork. They didn't seem to understand what DEAD meant...
Need to have a signed death certificate by the solicitor They have to take notice of that
 
Need to have a signed death certificate by the solicitor They have to take notice of that
Couldn't get one for over a month because they didn't know what the cause of death was and wouldn't release the body. We couldn't even have the funeral! So I was stuck trying to put a stop on the account and no-one listening.
 
Unfortunately this is nothing new. My husband died nearly 12 years ago and I couldn't cancel his monthly Telstra account because they couldn't speak to the account holder. I was told that I wasn't an authority on his account and they insisted that they speak to the account holder. This argument went on for 6 weeks before I finally reported Telstra to the Telecommunications Industry Ombudsman and was given an Australian phone number to call. The man there was appalled at how I was treated. However all I wanted was to retrieve his messages so that I could tell people who had called that he'd died, but Telstra only keep messages for 4 weeks, so there weren't any messages by that time.
I finally managed to cancel the account, but not before it escalated up to $900 owing. Needless to say that as executor I was in charge of paying his bills and there wasn't much money left, so Telstra never got paid!

Appalling behaviour that hasn't changed despite me reporting it nearly 12 years ago. Nothing has changed!
Organisations and businesses need proof of death. They should act after receiving a letter and a certified copy of a death certificate.

I don't think they'd act on a phone call.
 
You were one of the lucky ones. Unfortunately the same horror story happened to me when my husband died. The idiots in the overseas call centre refused to talk to me because I wasn't the account holder and I wasn't authorised on their paperwork. They didn't seem to understand what DEAD meant...
Telcos and other businesses need a letter and certified copy of a death certificate as proof of death to act.
 
Couldn't get one for over a month because they didn't know what the cause of death was and wouldn't release the body. We couldn't even have the funeral! So I was stuck trying to put a stop on the account and no-one listening.
A letter explaining that death cert will be provided asap will place them on notice to stop/suspend the account.

No stakeholder will act on a phone call.
 
Mnay years ago a well known Stonemason sent a letter to supposedly the wife of the deceased. They obviously checked the phone book for addresses for certain surnames. The person who received the letter was a young person and knew nobody with that christian name. It was mentioned on some TV Current Affairs type shows on various TV channels. It was also discussed by some Radio Stations - not only Talk Back.
 
I know a guy who was persistently harrassed by a company that is involved in mobile phones (not Telstra).
He started keeping a diary of dates, times and names if they would repeat them. After a couple of months he had lost his patience, asked to speak to a manager or supervisor and told the person he had a list and if he was pestered again he was going to lodge an official complaint with the Telecommunications authorities.
The person accused him of threatening. He promptly informed the person it wasn't a threat it was a promise. He never heard from the company again.
 

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