OneTel Limited - s.87B undertaking

Moore Talk Communications Pty Ltd, trading as MT Marketing, acted as a dealer for One.Tel Limited between March 1999 and October 1999. MT Marketing promoted mobile phone and access plan packages by way of telemarketing activities across Australia. The company failed to provide customers with a copy of the terms and conditions attaching to the application for mobile services with One.Tel, before obtaining the signature of the customer. The Commission views this conduct as being in contravention of sections 51AB, 51AC, 52 and 53(g) of the Trade Practices Act 1974.

One.Tel undertakes that it will:

• not fail to provide potential customers with a copy of the terms and conditions of the application for mobile services before obtaining the signature of the potential customer;
• write to affected customers and offer them the opportunity of rescinding their contracts;
• not take steps to enforce any contract with any affected customer; and
• review all operating procedures to ensure that customers are given a full copy of the terms and conditions.