NBN Co misled consumers serviced by the TransACT VDSL2 Network in the ACT. If you were on that network, you did not have to switch to the nbn™ network and can return to TransACT if you would like to.
Between at least January and July 2019 NBN Co sent letters to persons in the Australian Capital Territory advising them that their broadband services were likely to be disconnected as part of the nbn™ network rollout. This was not true for people whose broadband services were provided by the TransACT VDSL2 Network. That network will continue to operate alongside the nbn™ network and people could have stayed on that network.
The Australian Competition and Consumer Commission (ACCC) investigated this conduct and formed the view that NBN Co’s claims involved making false or misleading representations about the need for services under section 29(1)(l) of the Australian Consumer Law.
NBN Co admits its conduct is likely to have mislead consumers and expresses its apologies to any consumers affected by its conduct. To minimise the risk of NBN Co sending letters like this again, NBN Co has undertaken to assume a number of obligations under a court enforceable undertaking accepted by the ACCC, which can be viewed at www.accc.gov.au.
As part of the undertaking, NBN Co has agreed to refrain from sending similar false and misleading letters in future, issue this corrective notice and reimburse people who received a letter from NBN Co before 11 July 2019 and have incurred or will incur early termination costs as a result of switching from the nbn™ network back to the TransACT VDSL2 Network.
NBN Co will reimburse you for the cost of ending your contract for nbn™ services early if you wish to switch back to receiving services from the TransACT VDSL2 Network and:
- Live in a suburb where the TransACT VDSL2 Network is;
- Moved from the TransACT VDSL2 Network to the nbn™ network and then return to the TransACT VDSL2 Network; and
- Can confirm that you paid an early termination fee and/or incurred non-refundable customer equipment costs for your contract for NBN services.
To claim your refund, contact NBN Co at nbn.com.au/actreimbursement.
NBN Co also undertook to provide better information about networks that will continue to operate alongside the nbn™ network, which is available at nbn.com.au/switchoff. In addition, NBN Co agreed to reimburse those network operators the costs associated with sending their own corrective communications prior to the commencement of the undertaking.
If you have any queries about this notice, please visit nbn.com.au/actreimbursement for more information. If you have further questions contact us on 1800 881 816.
This notice has been placed by NBN Co following an investigation by the ACCC.