You may be able to access the TDR (as opposed to going through the DT).

@DrDoug Good luck you are going require it as I don't think you have a leg to stand on

I do wonder what action can be taken against an organisation providing a free service. I have also been affected by Spam Titan but have been able to ameliorate that by changing settings. I have whitelisted every site and moved any filtering off line. It seems to be working okay for me.

Thanks for the good questions and suggestions fellow geekzoners.

On the service being free: the email address wasn't a standalone free service like Gmail. It was provided as part of a paid Orcon internet subscription, with the specific commitment of 'email address for life.' I had a paid internet account with Orcon for around 15 years. The CGA applies to services provided as part of a paid relationship regardless of how they're later recharacterised.

On quantifiable loss: documented examples include a tertiary enrolment offer email verified as delivered to Orcon by the sender's own email system but never received, causing two weeks of uncertainty; bank notifications quarantined sporadically over multiple years; correspondence from family members silently deleted, and an unknown amount of other silent deletions which potentially represent the last email someone sent because it wasn't replied to, and therefore that relationship was harmed and may remain harmed, unbeknownst to both parties.

This self-erasing nature of SpamTitan actually makes the issue worse for Orcon because the absence of recoverable evidence doesn't diminish the claim — it strengthens it, as it demonstrates the system was designed in a way that made harm both inevitable and unverifiable. Therefore, Orcon cannot produce evidence that the deleted emails were actually spam, and the burden of proof shifts accordingly.

The TDR is also worth considering as a parallel avenue given the telecommunications context. I'll investigate what they can do as a first step before the DT.

Ultimately, this customer group has been documented as being let down because the supplier has a known and admitted faulty product, has arbitrarily changed their terms without notice, all of which falls under the DT's framework.

A public statement alerting customers to the issue would be the minimum acceptable response — particularly given that SpamTitan affects all current Orcon email customers, not just legacy email holders.

The silent document shredder is still running ...