Kogan Mobile is claiming victory in its case against Telstra wholesaler ISPOne, which had suspended over 600 customers who it deemed to be overusing the "unlimited" service.
Ruslan Kogan's mobile company, Kogan Mobile, took ISPOne to court in April, alleging that the Telstra wholesaler had breached the master wholesale agreement between the two companies because it had suspended approximately 600 customers who were flagged by ISPOne as using too much data — over 400MB per day on more than two days in a month — or making too many phone calls in a short timeframe.
ISPOne responded in a Victorian Supreme Court hearing in late April by stating that Kogan Mobile was engaged in "misleading and deceptive conduct" by calling the plans "unlimited", when there were very limited conditions placed on the plans under the company's acceptable use policy.
After three days in the court this week, Kogan Mobile is claiming victory, and has stated that ISPOne will be prevented from suspending more customers without permission.
"Today's victory means that Kogan Mobile customers can rest assured that their services will not be unlawfully interfered with by the wholesaler," a spokesperson said. "We're glad the right result was reached, and that the truth about the last few months is now abundantly clear."
Kogan himself tweeted that the company will take whatever measures are necessary to protect customers, but admitted that the court case has damaged the Kogan brand.
Kogan's goal is to make technology more affordable.The problem with a shitfight is that even when you win you're still covered in shit [1/3]— Ruslan Kogan (@ruslankogan) May 1, 2013
No orders from the court have yet been made, and no decision on costs has been announced.
ISPOne declined to comment.