Last week, the Federal Court shaved Optus' $5.26 million fine for misleading ads down to $3.61 million — but were they really all that misleading?
The appeal judges ruled that although the Think Bigger and Supersonic ads for fixed-line broadband plans were misleading by not making it clear that customers would have their internet shaped once they went over their monthly download limit, it was not worthy of such a harsh penalty as the one originally lumped on Optus.
In this week's Full Spectrum we've had a look at one of the ads that Optus got in trouble for.
The case is an interesting first test of the new powers that the ACCC has for correcting misleading advertising. You have to wonder whether the regulator might be eyeing how Apple markets the new iPad in Australia, considering that the device's 4G features will not work here.
Let us know whether you agree with the court's decision.