Australian regulator to review affordability of basic NBN products

The Australian Competition and Consumer Commission is set to review whether Australians can access basic broadband plans at fair and affordable prices, as part of an inquiry into NBN wholesale charges.

The inquiry will examine wholesale prices paid by retail service providers using the national broadband network to provide residential-grade broadband services.

More specifically, the regulator said it will focus on prices for basic speed broadband products offering 12/1 Mbps, and will consider whether regulation is needed to ensure a smooth transition for consumers to the NBN from legacy services such as ADSL.

“We have concerns that NBN Co’s wholesale pricing has resulted in unfair outcomes for those consumers who have no need for, or do not want, higher speed plans,” ACCC Chair Rod Sims said. “Most consumers have no choice but to migrate to the NBN if they want to keep their home service active, but are at risk of not being able to obtain a comparable NBN service at a similar price to their ADSL service.”

According to the ACCC, the inquiry will determine whether NBN Co’s most recent pricing offers (in particular, its recent changes to its Entry Level Bundle) will enable RSPs to offer attractive retail NBN options at ADSL-like prices.

The ACCC, which first raised these issues last April after NBN Co’s wholesale pricing changes in late 2018 led to the withdrawal of many basic speed retail plans, said it was also concerned about the national network builder’s continued use of discounts to tweak access prices.

“NBN Co can withdraw these discounts ahead of a notice period that it sets itself,” it said.” The ACCC is concerned that these arrangements may not be providing enough certainty for RSPs as they develop and promote their retail offers.”

“This lack of certainty creates unnecessary risks that may ultimately be passed on to consumers, who may face higher prices and reduced quality and product offerings as a result,” Sims added.

In addition, the inquiry will look at NBN Co’s service transfer and reversal charges, which are applied each time an existing service is transferred between access seekers.

“These charges can discourage the efficient use of service transfer processes, impeding competition and impacting consumers,” the regulator said.

“We want to hear from interested parties as part of this public and transparent inquiry process,” said Sims. “Right now, we are approaching a peak period for NBN service activations and mandatory migrations. The window for many consumers to migrate to the NBN without losing their existing fixed line service is closing.”

“We are interested in what changes can be made quickly to promote competition and the interests of consumers, while allowing NBN Co the opportunity to grow its revenues, invest in its business and earn an appropriate rate of return,” Mr Sims said.

The ACCC said the inquiry will allow it to make a final access determination (FAD), should one be needed, ahead of the expiry of the current wholesale broadband agreement at the end of November 2020. “Any FAD would provide access seekers with certainty about the terms and conditions of the access to the NBN that would apply should they be unable to reach a new commercial agreement with NBN Co at that time.”

The ACCC has released a discussion paper examining these issues and seeking views on those and other related issues.

Richard van der Draay is in Amsterdam as a guest of Informa Tech

Huawei Australia tips ACCC acceptance of TPG claims vendor’s role in planned mobile net build is pivotal vindicates 5G case

Huawei Australia has provided evidence in the Federal Court proceedings no. 818 of 2019, Vodafone Hutchison Australia versus the Australian Competition and Consumer Commission & Anor.

According to the Shenzhen-based vendor, the evidence it offered supports TPG’s propositions that it is unable to roll out a mobile network in Australia without Huawei, and that the products that the network specialist proposed to provide to TPG were superior in terms of technology, quality and costs.

Specifically, Huawei  Australia said as part of the proceedings it provided four affidavits to TPG which were served by the operator in support of its joint application with VHA for a declaration from the Federal Court of Australia. “The ACCC has not objected to the content of the affidavits at all and, as part of its acceptance of the Huawei evidence, no Huawei witness was called for cross-examination,” it added.

As a result, Huawei Australia said this constituted “therefore, uncontested evidence of fact that has been accepted by the Australian Federal government authority.”

“We are very pleased that the ACCC has accepted our proposition that our 5G products are world-leading and cannot be replicated by any of our competitors,” said Jeremy Mitchell, Director of Corporate and Public Affairs at Huawei Australia.

“It is therefore even more regrettable that Australians will not be able to access our world leading 5G technology and will pay more for inferior technology and get poorer quality 5G.”

Huawei drops lawsuit against US government after seized telco gear is returned

Huawei’s US subsidiary, Huawei Technologies USA has dropped a lawsuit against the US Commerce Department and several other US government agencies, which the Shenzhen-based firm filed back in June. Huawei said the case was originally filed in response to telecommunications equipment seized without justification by US officials in September 2017.

“After a prolonged and unexplained seizure, Huawei has decided to drop the case after the US government returned the equipment, which Huawei views as a tacit admission that the seizure itself was unlawful and arbitrary,” the company said.

The equipment, which includes computer servers, Ethernet switches, and other telecommunications gear made by Huawei in China, should have been shipped back to China after commercial testing and certification at a laboratory in California in September 2017.

The US Commerce Department, citing unidentified export violation concerns, seized the equipment while it was in transit. In the two years since, and despite multiple requests from Huawei, the US government failed to make a decision on whether an export license was required for the equipment to be shipped back to China, and continued to hold it.

On June 21, Huawei filed a lawsuit at the US District Court for the District of Columbia, “challenging the US government’s prolonged and unexplained failure to determine whether the equipment could be shipped to China without an export license.”

According to Huawei, in August the US government informed HT USA in writing that, following a belated investigation, it had determined that no export license was required for shipment to China, and Huawei had complied with the Export Administration Regulations when attempting to ship the equipment back.

The US government shipped the equipment back to HT USA at the government’s expense, the firm noted.

songliuping-info-2018Huawei’s chief legal officer Dr. Song Liuping said that while Huawei had landed a de facto victory despite its voluntary dismissal of the lawsuit, the company was disappointed that the US government failed to offer any explanation for unlawfully withholding Huawei equipment.

“Arbitrary and unlawful government actions like this – detaining property without cause or explanation – should serve as a cautionary tale for all companies doing normal business in the United States, and should be subject to legal constraints,” said Dr. Song.

In a notice of voluntary dismissal filed with the United States District Court for the District of Columbia, HT USA said it requested in writing the US Commerce Department to explain fully why it detained the equipment in 2017, why it decided to release it now, and why it took almost two years to recognize that the equipment’s detention was not justified.

“Thus far the government has refused to explain,” Huawei said.

MEF publishes industry’s first SD-WAN standard

MEF has flagged the publication of the industry’s first global standard defining an SD-WAN service and its service attributes.

SD-WAN Service Attributes and Services (MEF 70) was officially approved by MEF members and ratified by the MEF Board of Directors at the organization’s recent Annual Members Meeting.

The SD-WAN service standardization forms part of a transformational initiative to define, deliver, and certify a family of dynamic Carrier Ethernet (CE), Optical Transport, IP, SD-WAN, and security services orchestrated across automated networks using LSO (Lifecycle Service Orchestration) APIs.

“We want to thank the SD-WAN team for the incredible job they have done in bringing this industry-first standard to market in a timely manner,” said Nan Chen, President, MEF. “Combining standardized SD-WAN services with dynamic high-speed underlay connectivity services – including Carrier Ethernet, Optical Transport, and IP – enables service providers to deliver powerful MEF 3.0 hybrid networking solutions with unprecedented user- and application-directed control over network resources and service capabilities.”

SD-WAN standardization has enjoyed public support from dozens of service and technology providers and has included important contributions from Nuage Networks from Nokia, Fujitsu Network Communications, Amdocs, Ceragon, Cisco, Colt, Futurewei, Silver Peak, TDS Telecom, Verizon, and other MEF member companies.

What is in the SD-WAN Standard and Why is it Relevant?

The SD-WAN standard describes requirements for an application-aware, over-the-top WAN connectivity service that uses policies to determine how application flows are directed over multiple underlay networks irrespective of the underlay technologies or service providers who deliver them.

MEF 70, among other things, defines:

  • Service attributes that describe the externally visible behavior of an SD-WAN service as experienced by the subscriber.
  • Rules associated with how traffic is handled.
  • Key technical concepts and definitions like an SD-WAN UNI, the SD-WAN Edge, SD-WAN Tunnel Virtual Connections, SD-WAN Virtual Connection End Points, and Underlay Connectivity Services.

SD-WAN standardization offers numerous benefits that will help accelerate SD-WAN market growth while improving overall customer experience with hybrid networking solutions. Key benefits include:

  • Enabling a wide range of ecosystem stakeholders to use the same terminology when buying, selling, assessing, deploying, and delivering SD-WAN services.
  • Making it easier to interface policy with intelligent underlay connectivity services to provide a better end-to-end application experience with guaranteed service resiliency.
  • Facilitating inclusion of SD-WAN services in standardized LSO architectures, thereby advancing efforts to orchestrate MEF 3.0 SD-WAN services across automated networks.
  • Paving the way for creation and implementation of certified MEF 3.0 SD-WAN services, which will give users confidence that a service meets a fundamental set of requirements.

Next Steps for SD-WAN Standardization

MEF said it has started work on the next phase of SD-WAN standardization – MEF 70.1 – a process which includes defining:

  • Service attributes for application flow performance and business importance.
  • SD-WAN service topology and connectivity.
  • Underlay connectivity service parameters.

In addition, MEF also is progressing related standards work focused on:

  • Application security for SD-WAN services.
  • Intent-based networking for SD-WAN that will simplify the subscriber-to-service provider interface.
  • Information and data modeling standards that will accelerate LSO API development for SD-WAN services.

Roman Pacewicz, Chief Product Officer, AT&T Business

“We’re seeing a significant change in how customers are using SD-WAN now versus two years ago, and that evolution is what makes service standards from MEF so critical. Today, and moving forward, SD-WAN is about delivering application performance. As the underlying networks — Optical Transport, Carrier Ethernet, and IP — are under greater pressure to be more ubiquitous, easy to provision, on-demand and elastic, that is where the MEF 3.0 construct comes into play. MEF’s role is creating a standards-based, intelligent network across multiple carriers that will eliminate friction as we work with each other to deliver application performance at the level of efficiency our customers are seeking.”

Robert Victor, Senior Vice President of Product Management, Comcast Business 

“MEF 3.0 SD-WAN standardization is a critical contribution to the industry, helping eliminate obstacles to the market adoption of SD-WAN. MEF is committed to establishing a common terminology and set of standards for industry stakeholders.  We’re excited to see how this helps speed our customers transition from legacy to next generation SD-WAN networks like Comcast Business’s ActiveCore™ platform.”

Shawn Hakl, Senior Vice President Business Products, Verizon

“Verizon is pleased to support MEF’s industry-leading SD-WAN standardization work. SD-WAN is the way to interface policy with an intelligent software defined network, and standardization makes it easier for integration to work across multiple types of underlying transport services. What that means for our end customers is it lets them get a better overall experience relative to their applications, with support for a broader range of use cases, guaranteed service resiliency, and improved service capabilities in an always on, always connected world.”


ACCC urges NBN Co, RSPs to act on remaining underperforming broadband plans

The Australian Competition and Consumer Commission is calling on the NBN Co and RSPs to take action on the 12.4% of Australian broadband subscribers who are still facing underperforming broadband services.

The ACCC’s Measuring Broadband Australia report found that, while broadband speeds slowed slightly across busy evening hours with overall results continuing to be good, 12.4 per cent of consumers still experience underperforming services that rarely come close to reaching their maximum plan speed.

These are services that achieve less than 75 per cent of their advertised speeds in almost all speed tests, the regulator said, noting that most affected consumers paid for NBN50 or NBN100 plans over Fibre to the Node (FTTN) connections.

It added that these slower download and upload speeds were likely to be impacting consumers’ use of streaming, telecommuting, online gaming and using cloud services, for example to store or share photos and videos.

“We now want to see more action from both NBN Co and retail service providers (RSPs) to help the more than one in ten connections that simply do not perform to their plan speed,” ACCC Chair Rod Sims said. “In many cases, these limited speeds are caused by in-home wiring issues that can be fixed with a visit from a technician.”

If these services were able to reach close to their advertised plan speed, RSPs’ download and upload speed results would improve by 2.0 to 6.8 percentage points in the busy hours, and their average upload speeds by 1.5 to 10.7 percentage points, the ACCC found.

The report included, for the first time, download speed results for Fibre to the Curb (FTTC) connections, which reached 88.9 per cent of maximum plan download speeds, or 91.5 per cent when underperforming services were excluded.

These results were broadly in line with results for Fibre to the Premises (FTTP) connections and HFC, and significantly above results for FTTN.

The report also tracks the rate of outages experienced by consumers, showing that program volunteers, on average, experienced an outage of more than 30 seconds every one to two days, a similar rate to the previous report.

Optus has investigated and addressed a technical problem that caused its customers to experience a much higher rate of outages, an average of 2.6 a day. This issue was uncovered and highlighted by Measuring Broadband Australia’s two most recent rounds of testing.

Recent additional tests suggests Optus’ level of outages is now comparable to other RSPs.

“Measuring Broadband Australia continues to make a vital contribution to fostering competition and improving consumer outcomes by bringing much-needed transparency to the broadband market,” Sims said.

The ACCC is encouraging more Australians to sign up as volunteers for the Measuring Broadband Australia program, to broaden the coverage of the program and to ensure it continues to reflect experiences of consumers around the country as the NBN roll-out continues.

“This program would not be possible without the support of our volunteers Australia-wide who have agreed to host a whitebox on their home broadband connection,”  Sims said. “Consumers whose service provider is not currently included in our reports are particularly encouraged to sign up.”

NBN fixed line residential services provided the following average download speeds in busy hours:

100/40 services, 85.3 Mbps
50/20 services, 41.3 Mbps
25/5 services, 22.4 Mbps
12/1 services, 10.7 Mbps
In comparison the average busy hour speeds from legacy ADSL services were 7.8 Mbps.

“It is very important that those consumers not yet wanting to pay for faster speeds can still gain access to a 12/1 plan at prices that had been available for ADSL services”,  Sims said.

State-by-state results

The latest report also contained download speed results by state and territory.

Results range from between 80.7 per cent to 87.8 per cent of maximum plan speeds during the busy hours. Tasmania had the highest download speeds, while the Australian Capital Territory (ACT) and Western Australia (WA) had the highest rates of underperforming services and, therefore, the slowest average busy hour download speeds.

Busy hours speeds slow slightly

Most RSPs’ download and upload speeds decreased slightly during the busy hours compared to the previous quarter. The exceptions were MyRepublic and Optus, which improved their download and upload speeds during all hours as well as the busy evening hours.

RSPs delivered average download speeds of between 80.4 and 86.7 per cent of maximum plan speeds during the busy hours of 7pm to 11pm.

They delivered between 82.2 and 87.6 per cent of maximum plans speeds in all hours.

TPG achieved the highest percentage of its maximum download speed and Exetel posted the highest percentage of its maximum upload speed during all hours.

While most RSPs met their advertised speed claims during busy hours, Dodo, iPrimus and Exetel often did not. “We will be discussing these results with Dodo/iPrimus and Exetel, including whether their advertised speed claims should be immediately revised in light of these results,” said Sims.

The report shows the speeds data for NBN fixed-line services of eight major RSPs. Testing took place in May 2019 using a sample of 1095 volunteers.

ACCC calls for ‘significant, holistic reform’ of digital platform hegemony

The dominance of the leading digital platforms and their impact across Australia’s economy, media and society must be addressed with significant, holistic reform, according to the final report of the ACCC’s Digital Platforms Inquiry

The move was backed by the Australian Media and Communications Authority, which hailed the ACCC’s announcement of a “comprehensive review of the impact of digital platforms on Australian news media, advertisers and consumers.”

The report contains 23 recommendations, spanning competition law, consumer protection, media regulation and privacy law, reflecting the intersection of issues arising from the growth of digital platforms.

“Our recommendations are comprehensive and forward looking and deal with the many competition, consumer, privacy and news media issues we have identified throughout the course of this Inquiry,” ACCC Chair Rod Sims said.


“Importantly, our recommendations are dynamic in that they will provide the framework and the information that governments and communities will need to address further issues as they arise. Our goal is to assist the community in staying up to date with these issues and future proofing our enforcement, regulatory and legal frameworks,” he said.

The ACMANerida-OLoughlin jpg, meanwhile, welcomed the Government’s acceptance of the ACCC’s conclusion that there is a need for reform. “In particular, the development of a harmonised media regulatory framework,’ said ACMA Chair Nerida O’Loughlin.

The ACMA’s current role includes regulation of key areas of media content, including in relation to news, classification and gambling. To that end, the ACMA said it’s particularly interested in the ACCC’s recommendations aimed at addressing regulatory disparity between news media businesses and digital platforms; supporting and enhancing the choice and quality of journalism; improving the balance of bargaining power between digital platforms and media businesses; ensuring digital platforms have robust codes and dispute resolution processes.

“We will review the report and stand ready to participate and contribute to the Government’s public consultation process and considerations of the issues,” O’Loughlin said.

During the course of its Inquiry, the ACCC identified many adverse effects associated with digital platforms, many of which flow from the dominance of Google and Facebook.

These include:

  • The market power of Google and Facebook has distorted the ability of businesses to compete on their merits in advertising, media and a range of other markets
  • The digital advertising markets are opaque with highly uncertain money flows, particularly for automated and programmatic advertising
  • Consumers are not adequately informed about how their data is collected and used and have little control over the huge range of data collected
  • News content creators are reliant on the dominant digital platforms, yet face difficulties in monetising their content
  • Australian society, like others around the world, has been impacted by disinformation and a rising mistrust of news.

“The dominant digital platforms’ response to the issues we have raised might best be described as ‘trust us’,” Mr Sims said.

“There is nothing wrong with being highly focused on revenue growth and providing increasing value to shareholders; indeed it can be admired. But we believe the issues we have uncovered during this Inquiry are too important to be left to the companies themselves.”

“Action on consumer law and privacy issues, as well as on competition law and policy, will all be vital in dealing with the problems associated with digital platforms’ market power and the accumulation of consumers’ data,” Mr Sims said.

Australian media businesses and news consumers

The ACCC has made a series of recommendations to address the digital platforms’ impact on Australian media businesses and how Australians access ­­­­­­news.

These include:

  • Requiring designated digital platforms to each provide the Australian Communications and Media Authority (ACMA) with codes to address the imbalance in the bargaining relationship between these platforms and news media businesses and recognise the need for value sharing and monetisation of content
  • Addressing the regulatory imbalance that exists between news media businesses and digital platforms, by harmonizing the media regulatory framework
  • Targeted grants to support local journalism of about AU$50 million a year
  • Introducing measures to encourage philanthropic funding of public interest journalism in Australia
  • ACMA monitoring the digital platforms’ efforts to identify reliable and trustworthy news
  • Requiring the digital platforms to draft and implement an industry code for handling complaints about deliberately misleading and harmful news stories
  • Introducing a mandatory take-down ACMA code to assist copyright enforcement on digital platforms.

Promoting competition

The Inquiry notes the acquisition of startups by large digital platforms has the potential to remove future competitive threats. Acquisitions may also increase the platforms’ access to data. Both situations may further entrench a platform’s market power.

The ACCC recommends changes to Australia’s merger laws to expressly require consideration of the effect of potential competition and to recognise the importance of data. The ACCC also recommends that large digital platforms agree to a notification protocol that would alert the ACCC to proposed acquisitions that may impact competition in Australia.

The report also calls on Google to allow Australian users of Android devices (new and existing) to choose their search engine and internet browser from a number of options, as proposed in Europe, rather than being provided with defaults.

Empowering consumers

Effective consumer protections are critical to addressing issues associated with dominant digital platforms. Throughout this Inquiry, the ACCC has identified some problematic data practices with the potential to cause consumer harm.

The ACCC is well advanced with investigations into some of these data practices to determine whether there has been a contravention of the Australian Consumer Law.

To deal with further data practices that do not fit neatly within the existing consumer law, the ACCC also recommends introducing a general prohibition on unfair commercial practices.

“Introducing this broad, flexible prohibition will increase consumer protections in fast-moving digital markets to safeguard consumers’ ability to make informed and genuine choices,” Mr Sims said.

The ACCC has also again recommended unfair contract terms should be prohibited and should attract civil pecuniary penalties, and not just be voidable as they are now.

The ACCC further recommends a mandatory standard to bolster a digital platforms’ internal dispute resolution processes and that an ombudsman scheme be established, to assist with resolving disputes and complaints between consumers and digital platform providers.

Protecting privacy

In light of the overlapping nature of privacy, competition and consumer protection issues in digital markets, the ACCC has made a range of privacy-related recommendations, including:

  • Strengthening protections in the Privacy Act
  • Broader reform of the Australian privacy law framework
  • The introduction of a privacy code of practice specifically for digital platforms
  • The introduction of a statutory tort for serious invasions of privacy.

The Inquiry found that digital platforms’ privacy policies are long, complex, vague and difficult to navigate and that many digital platforms do not provide consumers with meaningful control over the collection, use and disclosure of user data.

Problematic data practices include the use of click-wrap agreements and take it or leave it terms.

“We’re very concerned that current privacy policies offer consumers the illusion of control but instead are almost legal waivers that give digital platforms’ broad discretion about how they can use consumers’ data,” Mr Sims said.

“Due to growing concerns in this area, we believe some of the privacy reforms we have recommended should apply economy wide.”

The recommended amendments to the Privacy Act should be supplemented by an enforceable privacy code of practice, developed by the Office of the Australian Information Commissioner (OAIC), and address data practices specific to digital platforms.

Continued scrutiny of digital platforms

The ACCC recommends the Government establish a specialist digital platforms branch within the ACCC, with standing information-gathering powers, to proactively monitor and investigate potentially anti-competitive conduct by digital platforms and conduct that may breach our consumer laws, and to undertake rolling market studies.

“We believe continuing scrutiny is necessary given the critical position that digital platforms occupy in the digital economy, their continued expansion and the opacity and complexity of the markets in which they operate,” Mr Sims said.

One of the first tasks of the new branch should be to conduct an inquiry into the supply of ad-tech services and the supply of online advertising services by advertising and media agencies.

The inquiry would identify whether any competition or efficiency concerns exist and help achieve greater transparency in the supply of these services.

“The ACCC branch will also provide regular reports to Government on issues as they arise, work closely with other arms of government to help co-ordinate work in this vital area, and be the crucial link with our overseas counterparts to share learnings and responses,” Mr Sims said.

Expert regulators and agencies to play complementary roles

The ACCC recommends future law enforcement and regulation of digital platforms be dealt with by the current regulators including the ACMA, the OAIC and the ACCC.

“The ACCC, the ACMA and the OAIC are already working together closely and have now built up expertise in the areas covered by this Inquiry,” Mr Sims said.

“There has been global interest in this timely Australian inquiry and the many significant international reports and external developments in the past 18 months. These reports demonstrate the shared concerns and momentum for reform.”

“The world has now recognised the impact of the digital platforms’ market power and the impact this has on consumers, news, businesses and society more broadly. Continuing national and world action will now follow,” Mr Sims said.


ACCC takes Samsung AU to court over ‘misleading phone water resistance advertisements’

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Samsung Electronics Australia alleging it made “false, misleading and deceptive representations” in advertising the water resistance of certain of its ‘Galaxy’ branded handsets.

The ACCC’s case involves over 300 advertisements. The regulator said that from February 2016, Samsung has widely advertised on social media, online, TV, billboards, brochures and other media that the Galaxy phones are water resistant, showing them being used in, or exposed to, oceans and swimming pools.

Samsung, which has sold some four million Galaxy branded phones in Australia, also advertised the  devices as being water resistant up to 1.5 metres deep for 30 minutes.  “The ACCC alleges Samsung’s advertisements falsely and misleadingly represented Galaxy phones would be suitable for use in, or for exposure to, all types of water, including in ocean water and swimming pools, and would not be affected by such exposure to water for the life of the phone, when this was not the case,” ACCC Chair Rod Sims said.

The regulator claimed Samsung did not have a reasonable basis for making the representations because:

  • It did not test or know of testing (or sufficient testing) about how exposing a Galaxy phone to water (including non-fresh water) affected its usable life;
  • It held the view that using Galaxy phones in liquid other than fresh water could damage them. For example, Samsung’s website states that the new Galaxy S10 phone range is ‘not advised for beach or pool use‘;
  • It has denied warranty claims from consumers whose phones were damaged when used in water.

Aside from not having a reasonable basis, the ACCC also claims that the representations are false, misleading and deceptive, because the Galaxy phones were not suitable for use in all types of water, and the life of the phones could or would likely be adversely affected if used in water (including non-fresh water).

“Samsung itself has acknowledged that water resistance is an important factor influencing Australian consumer decisions when they choose what mobile phone to purchase,” Sims said.

Samsung’s Galaxy phones which were advertised as being water resistant were sold at a higher price than Samsung phones which do not have this feature.

“Samsung’s advertisements, we believe, denied consumers an informed choice and gave Samsung an unfair competitive advantage,”  Sims said.“Samsung showed the Galaxy phones used in situations they shouldn’t be to attract customers. Under the Australian Consumer Law, businesses cannot mislead consumers about their products’ capabilities. Any attempt to do so will risk court action from the ACCC.”

The ACCC is seeking penalties, consumer redress orders, injunctions, declarations, publication orders, an order as to findings of fact, and costs.