Solution Code: 1GBA
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1. Briefly describe the content of TPG’s advertising which ACCC considered to be defective?
2. Which two statutory provisions did ACCC allege that TPG’s advertising contravened and what was it about the advertisements which contravened those provisions
3. What were the findings (conclusions) of the primary judge about the following aspects of the advertising ?
4. In what two ways did the Full Court take a different approach from that of the primary judge in deciding whether the TPG advertising was misleading?
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Question 1
“Unlimited ADSL2+” was a campaign that was launched by TPG in September 2010. The ad was about its new internet package that was shown on television along with print, radio, internet and billboard advertisement on which f $8.9 million were spent.
This add continued to be on aired in the same way till October 2010 when TPG had to alter the ad in response to the notice sent by ACCC that is Consumer and competition Commission in Australia.
The main reason due to which TPG received this notice was due to the prominent line of “Unlimited ADSL2+ for $29.99 per month”, and the cost of broad band set up and other terms and conditions in detail were not displayed in a prominent way.
This caused the buyers and potential buyers to perceive that they can get the internet package at
The stance of ACCC on this kind of advertisement was that it was showed on part of TPG that consumers can avail their internet package in this less amount but in actual there was a setting up cost of $129.95 for time of six months and a fee of $20. It was only for the clients who are using TPG land line and had to bear a combined charge if $59.99 each month.
Question 2
According to ACCC TOG was alleged to breach two statuary provisions:
Question 3
The findings of primary judge are stated on the three main points
Question 4
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