Optus has taken steps to provide some of its customers with additional mobile phone accessories or call credits, after the Australian Competition and Consumer Commission raised concerns that the packaging of its Motorola E398 Mobile Phone Kits may have misled consumers.

"The ACCC was concerned that the packaging contained pictures and descriptions of some accessories which were not in fact included within the package", ACCC Chairman, Mr Graeme Samuel, said today.

The Motorola E398 Mobile Phone Kits, bought from Optus between April 2005 and November 2005 did not contain all of the accessories that were illustrated on the packaging, including a Transflash card, USB cable and Mobile Phone CD.

"The ACCC was concerned consumers may have purchased this phone kit with the expectation that these accessories would be included within the kit", Mr Samuel said.

"After the ACCC raised this issue with Optus, Optus agreed to notify customers who purchased the Motorola E398 Mobile Phone Kit between this time period, with an SMS text message, advising that Optus would provide these particular accessories free of charge. Further, misled consumers who have already purchased these accessories separately will be provided with call credits to the value of the accessories".

"Optus has also set up a web page on its internet site at www.optus.com.au/motorola to further inform relevant consumers about this offer.

"The ACCC views misleading promotional material very seriously, and is pleased with the steps taken by Optus to remedy the effect of this labelling error on consumers", Mr Samuel said.

"The packaging of a product has a significant influence on a consumer's purchasing decision. Consumers are entitled to expect retailers and manufacturers to fairly represent the product contained within the packaging".