Oh, no ! Dodo !
We admit that we’re fascinated by Dodo. Do they even know there’s a Trade Practices Act, despite being dealt with by ACCC for serious breaches ?
Take a look at the Naked DSL advert in the top left hand corner of Dodo’s home page as at 4 June 2009. In a few square inches, there are three TPA breaches.
We’ll explain what they are.
Dodo’s doh! doh! liability limitation
How simple can Parliament make it ? In certain cases, a service provider cannot limit its liability in any way. Not at all. Zip. Zero. Zilch.
Yet time and again, CSPs pretend (the polite legal word is ‘purport’) to limit liability when they can’t.
Take Dodo’s current standard contract, for instance …
January 20, 2009 | Filed in General | 2 Comments
Telcos are main offenders under Do Not Call law
ACMA today revealed that more than half of all complaints about illegal telemarketing calls relate to phone plan offers.
‘ACMA has embarked on a campaign to improve telecommunications compliance that includes formal investigations, warnings, detailed letters putting individual providers ‘on notice,’ and an industry newsletter specific to the telco industry which provides practical advice about adhering to compliance requirements.’
A growing list of Aussie telcos has already been on the receiving end of ACMA’s attention.
Read more
Dodo advert pushes limits
2008 hasn’t been a good year for Dodo, legally speaking.
In February, the company received the rare ‘distinction’ of an ACMA direction to comply with the complaints handling and billing codes after the TIO noted a rising number of complaints.
In October it broke the record for a Do Not Call Register Act fine.
It ends the year tempting fate with an online advertisement that makes an unqualified and untrue ‘free’ offer.
Struggling to make sense of Dodo’s liability clauses
Regular readers will know that T&C clauses that (supposedly) limit CSP liability are very important. If you don’t get them right, you can be exposed to unnecessary legal risk.
Worse, you may commit a criminal offence under the Trade Practices Act – of misrepresenting peoples’ legal rights.
Dodo’s most recent brush with the law caused us to take a look at its ‘liability limitation’ clause. All we can say is ‘Wow !’ What planet’s legal system generated this weird stuff ?
October 28, 2008 | Filed in How not to do it | Leave a Comment
Dodo stung hard for DNCR Act breaches
This week’s record fine for breaches of the Do Not Call Register Act does more than sting national ISP Dodo, the unhappy record holder.
It ends an information drought for Australian businesses that use contract call centres for telemarketing.
As a regular contributor to the coffers of the Telecommunications Industry Ombudsman, Dodo is no stranger to regulatory imposts. But the speed at which big Do Not Call fines can accumulate should alarm even the most blasé operator.
Just 67 non-compliant telesales calls translated into a $147,400 penalty.
October 28, 2008 | Filed in DNCR Act | Leave a Comment