Optus False Advertising/breach of contract?

Langilinwago on 21/05/2016 - 18:22
Last edited 21/05/2016 - 18:26

Optus is still advertising the $5 one off data share sim in their $60 monthly plan CIS as of today 21/05/2016, PLAN ID: 800314
several previous discount plans were based on this $60 monthly plan and had similar CIS stipulating that $5 one off data share sim is an option and can be added to the current plan.
most recent one is this https://www.ozbargain.com.au/node/248367, dated 17/05/2016, with $20 monthly discount which brings the cost to $40 monthly

here is what's wrong

optus has refused to provide the $5 data share sim online, on the phone, or in store.
I have chatted with several sales reps, the answer I got was always, the sim is no longer "available", "offered", or "an option"
one rep even said that the sim became offline many months ago. however, no such notification has been released to the public, while the sim are still being advertised.
the website for the sim can still be accessed http://offer.optus.com.au/data_share_sim, the buy option still available, however the sim is shown as out of stock, which is inconsistent to what reps has been saying, the sim being offline

Does such behaviour by optus constitute false Advertising/breach of contract?
What can be done to pressure optus into honoring what it has specifically mentioned in the contract/CIS

Mobile

Related Stores

Optus
Optus

Comments

  • Davo1111 on 21/05/2016 - 18:30
    +1

    you could take it up with OFT, but i suspect "while stocks last" would be in the fine print

  • kima on 21/05/2016 - 20:57
    +1

    report it to the tio and see if you get a result. they worst they can say is no and your still in the same position you started at best you get the sim :)

  • altomic on 21/05/2016 - 21:40

    bikies.

  • firstworldproblems on 22/05/2016 - 15:28

    some advice that I base from personal experience: companies think they can make up rules as they go along and think that these rules are perfectly enforceable. i had a funny story typed up but have deleted it because this is about you:

    telcos are heavily regulated. i don't know much about the plan you are speaking of, but broadly speaking recommend and approach as follows:

    • identifying the statutory obligations that a telco has when it decides to withdraw plans. from memory, there is a belief that doing so is particularly onerous upon people on prepaid plans.

    • it could simply be sold out right now (unlikely).

    • once you identify the details of your complaint, something like this may prove useful:

    If the prdocut is out of stock, then Optus has failed to fulfil its statutory obligations in providing an adequate replace of equal or greater value… Conversely, if instead it has Per the Stupid Teco Act (1994)

    • as suggested above, be sure to read the fine print, but for a different reason entirely: oftentimes nothing will be there. and if there is something there, it doesn't mean they have a right to impose it.

    a classic line is "we reserve the right to modify these terms and conditions without notice" … yep, sure you did. you have a right to reserve whatever you want, but it doesn't mean you actually have a legal right to it.

    Does such behaviour by optus constitute false Advertising/breach of contract?

    why are you asking us? whether it is false advertising etc is based upon what a reasonable person might be lead to believe. do you consider yourself reasonable? if so, you should know the answer:

    when agreeing to the terms and conditions of my phone contract, i was lead to believe that this plan was available. i feel that a reasonable person might feel mislead by this.

    …

    in terms of remedies: if this product is out of stock, then i believe it is reasonable that a product of equal or greater value be availed to me. if it has been withdrawn, then i feel […]
    that the product continues to be advertised as being available is commensurate with my belief.

    What can be done to pressure optus into honoring what it has specifically mentioned in the contract/CIS

    • initiate, in a step-wise manner proceedings that will eventually result in you formally complaining to ACMA.
    • ACMA won't consider your case until you try to resolve it with optus directly.
    • never trust their word. keep records of all conversations. preferably record them. obtain receipt numbers for the interaction.

    (were this not a rip of an unrelated complaint i myself am writing, i would be less likely to have offered all of this).

  • twister292 on 22/05/2016 - 22:27

    I got 5 data shsare SIMs back in march without issue…

    Maybe they're beginning to withdraw them from new sales now…

  • angilinwago on 22/05/2016 - 23:29

    thanks for all above great input, I just lodged a complaint with TIO regarding this. I am hoping that more people affected by this take notice of the issue and have their complaints/voices heard by optus

    • Goodfellha on 07/06/2016 - 14:17

      Did the issue get resolved by the TIO?

  • [Deactivated] on 23/05/2016 - 06:54

    I ordered through the optus app. Got called up the next day and was informed that it's no longer available.
    I told him that I the app still has the function to order the sima nd they tried to flog off other deals but refused and following day I got my data share sim.

    I think their tactict is to sell a service as apposed to give you what you want.

    • angilinwago on 23/05/2016 - 08:20

      How did you do that? Must be a while back? don't see any option you can add services on the app now.

  • [Deactivated] on 23/05/2016 - 11:26

    I'll have to root my zte fit and pull the apk my note doesn't have it but my zte fit 4g has an old version.

  • Goodfellha on 23/05/2016 - 12:48

    im also currently lodging a formal complaint about this to Optus. there is a thread over at whirlpool worth reading http://forums.whirlpool.net.au/forum-replies.cfm?t=2515156

Login or Join to leave a comment
Login Join