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Wake up call for telemarketers
Posted: 30/05/2009
Last year, the Australian Competition and Consumer Commission (“ACCC”) instituted proceedings against Clarus Telecom Pty Ltd (“Clarus Telecom”) for alleged breaches of the Trade Practices Act 1974 (Cth) (the “Act”).
The ACCC alleged that Clarus Telecom, through its India-based telemarketers, misled consumers by falsely representing that the company and the telecommunication services it provided were “affiliated with or provided on behalf of Telstra Corporation”, a competitor of Clarus Telecom.
In November 2008, the Federal Court declared that Clarus Telecom had, via its telemarketers, engaged in false and misleading conduct in breach of the Act.
According to the ACCC, “Businesses are no less liable for the unlawful conduct of overseas telemarketers than if they engaged in the conduct themselves.”
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