Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




BDFL - Memuneh
63607 posts

Uber Geek
+1 received by user: 14083

Administrator
Trusted
Geekzone
Lifetime subscriber

# 250731 23-May-2019 11:01
Send private message quote this post

 

Retail telecommunications provider Spark New Zealand Limited (Spark) has been warned by the Commerce Commission for likely breaching the law when it notified customers of a broadband price rise. 

The warning follows an investigation into representations Spark made on its website and in emails in August and September 2018, notifying in-contract customers receiving its copper-based broadband service of its decision to increase the price by $5 a month.

Spark’s contractual terms and conditions stated that they would not change the monthly charge for in-contract customers without either gaining the customers’ consent or giving them the option to cancel their contract without early termination fees. However, when Spark notified customers of the price rise on its website and in email communications, Spark focussed solely on the $5 a month price increase and did not explain that if customers did not consent to the price rise they had the right to terminate their contract without penalty. 

Commissioner Anna Rawlings says in the Commission’s view, Spark has likely breached the Fair Trading Act by making false or misleading representations about the existence or effect of its customers’ rights when it notified them of the price rise.

“In the Commission’s view, customers reading Spark’s notification of the price rise would have assumed that Spark had a right to increase price without discussing it with the customer and that the customer had no choice but to accept the price increase. In fact, customers who did not agree to the price rise, could terminate the contract without incurring an early termination fee and could take up a more acceptable offer elsewhere if they wanted to.”

“When communicating with customers about price increases, businesses need to clearly and accurately represent any contractual rights customers may have if they do not accept the price increase. Businesses must not create the impression that prices can be unilaterally increased if that is not permitted by the contract, or if consumers are not bound to accept the increase,” says Ms Rawlings. 

Spark responded to the Commission’s enquiries by updating information on its website and sending updated information to customers affected by the price rise. 

Warning letters
A warning explains the Commerce Commission’s opinion that the conduct at issue is likely to have breached the law. Only the Courts can decide whether a breach of the law has in fact occurred.

 

The purpose of a warning letter is to inform the recipient of the Commission’s view that there has been a likely breach of the law, to suggest a change in the recipient’s behaviour, and to encourage future compliance with the law.

 





Create new topic
1523 posts

Uber Geek
+1 received by user: 1233

Subscriber

  # 2244249 23-May-2019 21:35
3 people support this post
Send private message quote this post

Another amateur hour performance. This kind of thing could easily have been prevented by a quick legal or compliance review of the communications before they were sent out. Telcos in NZ seem to be unique in that, as an industry, they appear to have zero concern for legal compliance and, even more startlingly, their own corporate reputations. I suppose if you are already in the gutter and rolling in ****, there's no lower that you can go.

 

 

 

 

 

 

 

 


defiant
886 posts

Ultimate Geek
+1 received by user: 485

Lifetime subscriber

  # 2244252 23-May-2019 21:39
4 people support this post
Send private message quote this post

dejadeadnz:

 

there's no lower that you can go.

 

 

Yeah there is, they could go Vodafone low..


 
 
 
 


1523 posts

Uber Geek
+1 received by user: 1233

Subscriber

  # 2244375 24-May-2019 08:07
2 people support this post
Send private message quote this post

In my defence I did reference the industry :p

Within the industry then, yes, it does take a while to reach VF’s low.

13948 posts

Uber Geek
+1 received by user: 6701

Trusted
Subscriber

  # 2244378 24-May-2019 08:26
Send private message quote this post

@dejadeadnz yet dealing with them commercially, especially Spark, one has to navigate through a sea of lawyers and legal flotsam. You would think by now they would get it right after all it is not an emerging industry.





Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

Using empathy takes no energy and can gain so much. Try it.

 

 


1751 posts

Uber Geek
+1 received by user: 427


  # 2244422 24-May-2019 09:59
Send private message quote this post

hmmn

 

a contract is a 2 way thing (my best bush lawyer terminology) .

 

If I sign a contract, its not the other parties responsibility to tell me my rights under the contact, that I read & agreed to.

 


Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Xero announces new smarter tools, push into the North American market
Posted 19-Jun-2019 17:20


New report by Unisys shows New Zealanders want action by social platform companies and police to monitor social media sites
Posted 19-Jun-2019 17:09


ASB adds Google Pay option to contactless payments
Posted 19-Jun-2019 17:05


New Zealand PC Market declines on the back of high channel inventory, IDC reports
Posted 18-Jun-2019 17:35


Air New Zealand uses drones to inspect aircraft
Posted 17-Jun-2019 15:39


TCL Electronics launches its first-ever 8K TV
Posted 17-Jun-2019 15:18


E-scooter share scheme launches in Wellington
Posted 17-Jun-2019 12:34


Anyone can broadcast with Kordia Pop Up TV
Posted 13-Jun-2019 10:51


Volvo and Uber present production vehicle ready for self-driving
Posted 13-Jun-2019 10:47


100,000 customers connected to fibre broadband network through Enable
Posted 13-Jun-2019 10:35


5G uptake even faster than expected
Posted 12-Jun-2019 10:01


Xbox showcases 60 anticipated games
Posted 10-Jun-2019 20:24


Trend Micro Turns Public Hotspots into Secure Networks with WiFi Protection for Mobile Devices
Posted 5-Jun-2019 13:24


Bold UK spinoff for beauty software company Flossie
Posted 2-Jun-2019 14:10


Amazon Introduces Echo Show 5
Posted 1-Jun-2019 15:32



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.