The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Melbourne alleging that door-to-door sales agent company Axxess Australia Pty Ltd engaged in misleading and deceptive conduct in breach of the Trade Practices Act 1974 whilst selling and marketing residential telephone services.
The ACCC also alleged that Axxess and its employees made false and misleading representations and engaged in unconscionable conduct.
The ACCC has alleged that Axxess and its door-to-door agents illegally obtained signatures from consumers by:
- falsely advising them that in signing or initialling a form they were simply requesting further information or expressing an interest in the product
- telling them to sign a form simply to "show my boss I've been to the house" when they were actually signing a transfer form
- signing up elderly and vision impaired people
- giving consumers the impression that they were representing the telephone carrier which the consumer was already connected with and that there would be no change to their service provider
- unconscionably insisting that the consumer sign the transfer document immediately and without having the opportunity to read or comprehend the document
The ACCC is seeking:
- injunctions restraining Axxess and its door-to-door selling agents from engaging in or being otherwise involved in similar conduct
- orders requiring the implementation of trade practices corporate compliance programs and attendance at trade practices seminars
- orders requiring the publication of information
- costs
A directions hearing has been set for 9.30 a.m. on 4 July before Justice Kenny in the Federal Court, Melbourne.