Australian Competition and Consumer Commission v. TPG Internet Pty Ltd

The Australian Competition and Consumer Commission (ACCC) brought proceedings against TPG Internet Pty Ltd (TPG) in the Federal Court of Australia concerning TPG's advertising of its "Unlimited Broadband" plan. The dispute centred on whether TPG's advertising was misleading or deceptive, in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)).

The High Court of Australia was required to determine whether TPG's advertising campaign, which prominently featured the word "Unlimited" in relation to its broadband service, was misleading or deceptive. Specifically, the Court considered whether the qualifications and limitations on the "unlimited" nature of the service, which were disclosed in smaller print, were sufficient to prevent the overall impression conveyed by the advertising from being misleading. The central legal issue was the proper interpretation of "unlimited" in the context of telecommunications services and the adequacy of disclaimers in consumer advertising.

The High Court found that TPG's advertising was indeed misleading and deceptive. The Court reasoned that the prominent use of the word "Unlimited" created a strong impression that the service had no data limits whatsoever. While TPG did include disclaimers regarding fair use policies and potential throttling, the Court held that these were not sufficiently prominent or clear to counteract the dominant misleading message. The legal principle applied was that advertising must be considered as a whole, and the overall impression conveyed to the ordinary consumer, rather than the technical accuracy of individual statements or disclaimers, determines whether it is misleading. The Court emphasised that consumers are entitled to rely on the plain meaning of words used in advertising, and any limitations must be brought to their attention in a clear and unambiguous manner.

The High Court allowed the appeal, set aside the orders of the Full Federal Court, and remitted the matter to the Federal Court for further consideration of the appropriate remedies.