Foxtel Cable Television Pty Ltd - s.87B undertaking

The ACCC has accepted a Section 87B Undertaking from FOXTEL Management Pty Ltd (FOXTEL) following an investigation relating to alleged breaches of the Australian Consumer Law (ACL), comprising Schedule 2 to the Competition and Consumer Act 2010. FOXTEL acknowledges that the ACCC considers that FOXTEL is likely to have contravened section 18 and sub-sections 32(2) and 36(4) of the ACL by representing that customers who subscribed to a 12 month plan between 12 February 2012 and 5 April 2012 would receive a free 22 inch neoniQ television within ten days of installation of their FOXTEL service. However, free televisions were not despatched within ten days of installation to a significant number of customers who signed up to the offer. FOXTEL also advertised that the offer was limited to 1,500 free televisions. However, the number of customers who subscribed to the Free Television Offer and received a free television was approximately 8,400. To address the ACCC's concerns, FOXTEL has provided the ACCC with a court enforceable undertaking which requires FOXTEL to:

- refrain from engaging in similar conduct in the future;

- provide a credit of one month's subscription fees to current customers affected by the alleged conduct; and

- instruct a qualified compliance professional to conduct a Competition and Consumer Act risk assessment.