FCAFC reduces Optus fine for misleading advertising

The full bench of the Federal Court has found Optus guilty of breaching the Trade Practices Act. The Full Court has decided however to lower the fine and take a less severe view of Optus's online contraventions.

The court originally found that Optus's series of print, online and billboard advertisements in July 2011 breached the Trade Practices Act and handed down a $5.26 million penalty. Justice Nye Perram, in the Appeal, erred in his judgment of key facts and that the Optus's failure to "take compliance seriously" was not supported by the evidence at trial.

The Australian Competition and Consumer Commission originally sued Optus because the advertisements for their internet plans misled people about the download allowance they could get under the plans.

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