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Optus admits to ACCC it cut data inclusions for prepaid products without telling customers

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Optus has admitted to slashing the amount of data, calls and texts offered with some of its prepaid products without notifying customers and will start compensating 45,000 who were affected.

Following an Australian Competition and Consumer Commission investigation, the telecommunications giant conceded that it reduced inclusions offered with prepaid modems, mobile phones and mobile plans without telling its customers, ultimately providing less than what was advertised, in breach of consumer law.

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The ACCC found Optus had reduced inclusions and shortened expiry periods in August 2015. If a customer purchased a prepaid product prior to the change, but activated or recharged the SIM card afterwards, they received less data and other benefits than what they paid for.

An Optus spokesperson told Fairfax Media about 45,000 customers have been affected.

"Mobile providers must provide the 'value' and benefits they advertise," said ACCC commissioner Sarah Court.

"Optus Prepaid customers who may be entitled to a credit should visit the Optus website or the outlet where they bought the prepaid product."

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The investigation focused on Optus' broadband modems, prepaid mobile phone offer "2 days on us", and prepaid phone plans "My Prepaid Daily Plus", "My Prepaid Monthly" and "My Prepaid Monthly Plus".

In one case, Optus had advertised up until August 31, 2015, that customers who purchased a Huawei E5331 WiFi modem would receive 5GB of data that was valid for 30 days. About a month later, it changed the promotion to 2GB that was valid for 14 days.

However, if the customer nabbed the deal prior to the change and activated the SIM card after October 15, 2015, they would receive less than half the data promised over a significantly shorter period.

The ACCC has accepted a court enforceable undertaking from Optus, which admits to engaging in conduct that was "misleading or deceptive or likely to mislead or deceive", in breach of consumer law.

Optus has agreed to credit affected customers with an amount of data, calls and/or texts equivalent to the amount they missed out on.

Affected customers will have their accounts credited where possible, or they can otherwise claim a refund.

"Businesses must act swiftly to offer consumer redress and meet their obligations under the Australian Consumer Law or face action from the ACCC," Ms Court said.

An Optus spokesperson said customers who purchased specific prepaid products between August 2013 and June 2016 may be affected.

"Around 45,000 customers are affected and we'll be proactively contacting them if they're due a refund or credit," the spokesperson said.

"[We will] provide credit, refund, and/or equivalent benefit to customers who were affected; publish public notices in stores and on Optus' websites; and provide an undertaking to implement an upgraded and enhanced compliance program for its prepaid products."

"Customers who wish to speak directly with Optus about this matter can contact us on 1300 732 515."

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