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 primary legal issue before the court was whether TPG's advertising campaign, which prominently featured the word "Unlimited" in relation to its broadband service, was misleading or deceptive. Specifically, the court had to determine if 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. This involved considering the likely impact of the advertising on the ordinary consumer.

Hayne J found that TPG's advertising was indeed misleading and deceptive. His Honour reasoned that while TPG did include disclaimers regarding data usage limits and potential throttling, these qualifications were not sufficiently prominent or clear to counteract the dominant message of "unlimited" broadband. The court applied the principle that advertising must be considered as a whole, and that even if technically accurate information is present, it can still be misleading if the overall impression created is false or likely to deceive. The prominence of the word "Unlimited" overshadowed the subsequent qualifications, leading consumers to believe they were purchasing a service without any data restrictions, which was not the case.