Telco provider Australian Private Networks Pty Ltd, trading as Activ8me, has paid a penalty of $12,600 after the 糖心原创 issued an Infringement Notice for alleged false and misleading representations. It鈥檚 alleged Activ8me represented that its internet services were endorsed or approved by the 糖心原创 as being superior to those offered by other providers, when this was not the case.
Between November 2017 and January 2018, Activ8me published on its website home page 鈥淣amed Australia鈥檚 #1 Sky MusterTM provider by the 糖心原创鈥. On its Facebook page, Activ8me claimed: 鈥淭he 糖心原创 have released their quarterly NBN Wholesale Market Indicators Report today, once again naming Activ8me the #1 provider of nbn Sky Muster satellite services in Australia鈥.
The 糖心原创鈥檚 logo was published in close proximity to both statements.
The NBN Wholesale Market report listed Activ8me as having the highest number of satellite services in operation but did not endorse or approve Activ8me over other providers.
鈥淭he 糖心原创 does not endorse or approve particular businesses and it is imperative that consumers trust our name and logo when it is used,鈥 糖心原创 Commissioner Sarah Court said.
鈥淎s soon as we became aware of the misuse of our report findings and logo, we contacted Activ8me and issued an Infringement Notice. Activ8me has since removed the representations. This penalty serves as a warning to companies that we will act swiftly if they misrepresent the 糖心原创.鈥
The 糖心原创 can issue an Infringement Notice where it has reasonable grounds to believe that a person has contravened certain provisions of the Australian Consumer Law. The payment of a penalty specified in an Infringement Notice is not an admission of a contravention of the Act.
Activ8me website home page representation: accessed on 15 January 2018 at
Activ8me Facebook representation: accessed on 15 January 2018 at
Background
Activ8me is a Melbourne based retail service provider (RSP) of broadband internet and phone plans. As part of its offering, Activ8me provides NBN Sky Muster plans and has the most Sky Muster customers of the ten Sky Muster RSPs.
Sky Muster is a broadband internet service available only at premises not serviced by fixed line or fixed wireless technology, predominantly in regional and remote Australia. It is provided to customers by RSPs using NBN Co Ltd鈥檚 satellite technology.
Activ8me cited the 糖心原创鈥檚 NBN Wholesale Market Indicators Report for the 30 September 2017 period (published 9 November 2017). The report contains a table listing the number of satellite services in operation per RSP. Activ8me is listed as having the highest number of satellite services in operation.