Read The Times Australia

Daily Bulletin

A $100 million fine for ‘appalling’ predatory sales practices caps a horror week for Optus

  • Written by: Jeannie Marie Paterson, Professor of Law (consumer protections and credit law), The University of Melbourne

A Federal Court judge on Wednesday ordered Optus to pay a A$100 million fine for its “appalling” high-pressure sales tactics over several years up to 2023. More than 400 people were pressured or misled into buying phones or contracts they didn’t want, couldn’t afford – or in some cases couldn’t even use.

The court’s decision approves an agreement reached between Optus and the Australian Competition and Consumer Commission (ACCC) in June, under which Optus admitted it had engaged in “unconscionable conduct” and accepted the penalty, as well as various remediation measures.

Optus chief executive Stephen Rue (who only joined the company in November last year) was asked about the fine earlier in the day, while giving an update on last week’s Triple Zero outage.

Rue said the sales had been “totally and utterly unacceptable” and that the company had since overhauled its sales processes, incentives and bought back some of the franchises at stores where they had taken place.

But as Financial Counselling Australia’s director of First Nations policy Lynda Edwards told ABC News, a $100 million fine was “not a lot of money” to a large company like Optus:

What is it going to take for these companies to actually look after vulnerable people in our communities? You know, our telcos in Australia, they’re given free reign on how they self regulate their business.

So, will this fine really teach Optus a lesson? Given the parallels with a similar scandal at Telstra in the not-so-distant past, what is it going to take to actually stop this happening again?

What Optus did wrong

Between August 2019 and July 2023, staff across 16 Optus stores were found to have engaged in “inappropriate sales conduct” with more than 400 people.

As summarised by the court, Optus engaged in conduct that included:

undue pressure and influence, a failure to explain the terms and conditions of contracts, a failure to conduct coverage checks, a failure to conduct credit checks, mis-selling and overselling of accessories, identity verification failures, and inappropriate conduct in relation to debt collection.

Many of the customers were in a position of vulnerability, including people who were homeless, unemployed, who didn’t speak English as their first language or were living with a mental disability.

A number of those targeted for the high-pressure sales tactics were First Nations people from regional, remote and very remote parts of Australia.

The size of the penalty

$100 million seems like a sizeable figure. But what was the maximum penalty Optus could have been given?

While the amounts vary according to the year the conduct took place, for conduct occurring after 2022, the maximum possible penalty is in the order of $50 million per contravention.

In that light, Optus’ decision to accept the $100 million penalty looks cost effective, and also saves litigation costs. And it’s still less than its underlying net profit for the 12 months to March 31 this year, which was reportedly $136 million.

Bigger penalties just aren’t cutting it

Optus’ systemic conduct in this case was palpably and patently wrong. Yet it was not the first time one of Australia’s biggest telecommunications companies had engaged in predatory sales practices that targeted First Nations and regional communities.

In 2021, the Federal Court ordered Telstra to pay $50 million in penalties for unconscionable conduct.

The conduct in question involved the “mis-selling” (where a customer is misled in a sale) of mobile phone contracts to more than 100 Indigenous consumers across three states and territories, which they did not understand and could not afford.

You might think the risk of penalties resulting from poor sales practices could have easily been foreseen by any other telecommunications company, including Optus. Yet here we are again.

So, we need to be asking – is the current approach of deterrence via civil penalties working?

Holding directors to account

One possible response to this kind of egregious conduct by companies would be to impose financial penalties and stronger incentives for oversight on directors.

For example, in response to the recent record penalty imposed on ANZ for unconscionable conduct and other misconduct, corporate law expert Helen Bird suggested the bank’s senior executives should have their bonuses “cancelled or clawed back”.

Certainly, in this case, the court was scathing of the lack of a timely response by Optus senior management, saying they “abrogated any semblance of responsible corporate behaviour”.

But we may still want more by way of supervision.

Demanding proof of real change

As part of the consent agreement, Optus has undertaken to implement a review of its sales and complaint handling processes.

But at this point, promising “we will do better” may not be enough. Regulators – and the public – should be demanding proof that systems and processes for preventing predatory practices are working.

It may be time for a robust safety overhaul of the entire telco sector – and not just for Triple Zero calls.

There are many regimes that monitor safety, including food safety, aircraft safety and in the financial sector. At a minimum, a safety model applied to telcos would have to incorporate:

  • a risk assessment
  • agreed responses
  • designated safety officers
  • training for all staff.

But most importantly, repeat offenders should have to show that all of these measures are actually working. This means more than just “sincere apologies for failing customers” – we need hard data and real time supervision.

Authors: Jeannie Marie Paterson, Professor of Law (consumer protections and credit law), The University of Melbourne

Read more https://theconversation.com/a-100-million-fine-for-appalling-predatory-sales-practices-caps-a-horror-week-for-optus-265971

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Will These Bloody Kids Ever Move Out? The Resurrection of the Duplex Says No

Whilst Baby Boomers and Gen Xer’s typically finished school, got a job and moved out of home relativ...

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...

What “Extraction Facial” Actually Means (And When It Helps)

“Extraction facial” is one of those skincare terms people use as if it’s one standard treatment, b...

How Compounded Medicines Support Individual Health Needs

Not every patient responds to medicine in the same way. Age, allergies, dosage requirements and sw...

How Live Comedy Can Shape the Mood of an Event

The mood of an event is shaped by more than the venue, food, music, or schedule. Entertainment can...

Why Home Gym Mats Are Becoming a Must-Have

Building a dedicated workout space at home has become increasingly common across Australia. Many p...