Optus Mobile Pty Limited - s.87B undertaking

In May 2003 Optus Mobile advertised a Nokia 7250 camera phone on a $55 per month plan in a national advertising campaign which included using television, newspapers, in-store promotion, the internet and store brochures. Optus Mobile advertised the offer was available for all of May 2003. The ACCC's investigation showed that Optus Mobile did not have sufficient stock to meet customer demand for the 7250 handset during the entire promotion.

Optus has given court-enforceable undertakings that it will:

• refund those customers who paid more for the phone in the month after the promotion ended
• re-offer the handset for the same price on a cheaper monthly plan for an additional month
• implement a "raincheck" policy for all post paid Optus Mobile promotions in the future
• run a corrective advertising campaign on television, in newspapers. in store and on the Optus website
• refrain from advertising handsets when there are reasonable grounds for believing it will not be able to meet reasonable demand
• create a Handset Supply Panel to review its handset supply processes
• strengthen its trade practices compliance program