The Australian Competition and Consumer Commission has commenced proceedings in the Federal Court against Optus Mobil Pty Ltd for alleged unconscionable sales and debt collection.

Many of Optus’ consumers were experiencing vulnerability and/or disadvantage, such as living with a mental disability, diminished cognitive capacity or learning difficulties, being financially dependent or unemployed, or having limited financial and legal literacy, with many of the impacted consumers being First Nations Australians from regional and remote areas or people from culturally and linguistically diverse backgrounds.

According to ACCC Chair Gina Cass-Gottlieb, Optus’ unconscionable conduct continued after management became aware of deficiencies in its systems that were being exploited by sales staff, and despite this, failed to implement fixes.

The ACCC began its investigation after receiving a referral from the Telecommunications Industry Ombudsman about concerns regarding Optus’ sales practices to consumers experiencing vulnerability and/or disadvantage, with the ACCC now seeking declarations and orders for penalties, non-party consumer redress, publication orders, a compliance program, and costs.