The Australian Competition and Consumer Commission has received a court enforceable undertaking from importer, Auslinx Pty Ltd, to recall a potentially dangerous modem.

"The modem could expose the user to unacceptable danger as a result of a power surge whilst using it", ACCC Chairman, Professor Allan Fels, said today.

"The network infrastructure and a user's computer may also be damaged by the use of the modem".

The modem, which was labelled as an ABC V.90 56K External modem, was supplied by Auslinx to a number of retail stores in New South Wales, Victoria and Queensland between November 1998 and September 1999.

The modems and their packagings were marked with a mark known as an A-Tick that consists of the shape of a triangle with a tick inside of it. This mark can only be applied to a modem if it complies with certain standards. Only those modems that comply with those standards are suitable for connection to the Australian telecommunications network. Independent tests revealed that the modems did not comply with one of the required standards.

The ACCC considered that Auslinx contravened the Trade Practices Act 1974 by misrepresenting that the modem was suitable for connection to the Australian telecommunications network.

After the ACCC raised its concerns with Auslinx, the company agreed by way of court enforceable undertakings to cease supplying the modem and to place corrective advertisements in major daily newspapers alerting consumers to the problem with the modem and offering them a full refund.