Telecommunications (phones, internet, pay TV)

Telecommunications providers must follow strict laws and codes of conduct when dealing with consumers.

When you need legal advice

Get legal advice if:

  • you couldn’t afford your telecommunications contract when you signed up
  • you have a dispute with a telecommunications provider
  • you aren't getting the service you signed up for
  • you went guarantor for a friend who has defaulted on their bills
  • your telecommunications service was transferred to another provider without your consent
  • you are being pursued for a debt you can’t repay
  • you went into a store asking for a specific service and you were upsold a product or service that you didn't need.

How to get legal advice

Be an informed consumer

Be aware of your rights and responsibilities and any hidden costs before signing a telecommunications contract. It is important to ask questions of the salesperson before you sign a contract or take the contract away to consider it more carefully. Make sure you understand the total cost of the service, including any cancellation charges.

Be clear about your needs and how much you can afford. Compare different providers before you make a decision. Salespeople will often try to upsell you to a product you don't need that costs a lot more money.

Also, salespeople are likely to try to sell you warranties for the product. These warranties are costly and often provide you with no more rights than the existing rights you have for free under the Australian Consumer Law.

Read the Moneysmart guide on choosing the right phone plan.

Service provider responsibilities

Telecommunications service providers have consumer responsibilities they must uphold. These are set out in:

  • Customer Service Guarantee— provides time frames for landline service providers to connect services, fix faults and compensate consumers for unmet timelines.
  • Telecommunications Consumer Protection Code—explains consumer rights for selling, billing and charging telecommunication services, such as mobile phone, landline and internet services, including NBN.
  • Australian Consumer Law—covers unconscionable, misleading and deceptive conduct, unfair terms, consumer guarantees and rules about unsolicited sales.

Telecommunications disputes

If you have a dispute with a telecommunications provider:

  • you must give the service provider a chance to resolve your issue first by complaining to them.
  • if the matter remains unresolved, the Telecommunications Industry Ombudsman (TIO) provides a free, independent dispute resolution service. TIO decisions are binding on service providers.

Visit the Telecommunications Industry Ombudsman (TIO).

Pay TV subscription complaints

The TIO may be able to help with TV subscription complaints if your service is billed by a telecommunications company.

Service providers must follow the ASTRA codes of practice and complaints handling.

If you have a complaint you should first submit your complaint to the service provider if they have breached the Code. If the matter remains unresolved, the Australian Communications and Media Authority (ACMA) may be able to help.

For all other contractual disputes, get legal advice.

Being a referee or guarantor for a friend

Don’t agree to be a guarantor for a friend’s phone service.

If they fail to pay their bills, you will have to pay. This is because, in most cases, you are being signed up as the account holder.

Complaints about phone service transfers

If your telecommunication service is transferred to another provider without your agreement, you can:

  • complain to the telecommunications company that transferred your account.
  • lodge a complaint with the TIO if your dispute isn’t resolved.

The service provider may have recorded an agreement made over the phone.

If not, you should not have to receive or pay for services you didn't agree to.

You may be able to view the contract terms and conditions on the service provider’s website.

Unsolicited sales

You can stop telemarketers from trying to sell you telecommunication products and services by putting your name on the Do Not Call Register.

If a salesperson contacts you without a prior invitation and makes an unsolicited sale, you have a cooling-off period of 10-business days where you can cancel the contract if you change your mind.

The 10 days begins from:

  • when you sign the contract at home
  • when you receive the written contract after signing up over the phone.

Contact the service provider within the 10 days to cancel the contract.

Cancellations don't need to be in writing, but it helps to have a record. A consumer lawyer can give you a sample cancellation letter, if needed.

Under Australian consumer law, you may have up to 6 months to withdraw from a contract if telemarketers don't follow the rules when signing you up.

Bill complaints

Talk to your service provider if you have received an unexpectedly high phone bill.

Under the Telecommunications Consumer Protection Code, there are time limits for billing customer calls. After these periods, service providers can’t recover money from you for calls made.

If you are considering making a complaint to the Telecommunications Industry Ombudsman (TIO), get legal advice first.

I can’t afford my contract

You may be able to cancel a telecommunications contract if you couldn't afford it when you signed up.

Service providers must follow TIO guidelines when dealing with consumers experiencing hardship.

This includes:

  • giving you phone access to essential services, such as medical help for ongoing health issues
  • stopping all collection and enforcement action after you lodge a dispute with the TIO, until the matter has been resolved.

Talk to a financial counsellor for help with bill relief and negotiating a hardship payment plan.

Old phone debts

You can lodge a complaint with the TIO if you have a dispute over an outstanding debt.

If the time limit for collecting the debt has expired, you may not be legally obliged to pay the outstanding amount. The time limit for outstanding debts is usually 6 years from the last payment, unless there is a court judgment.

If you don’t pay an outstanding debt:

  • the telecommunications service provider can give you 60 days’ notice to pay the debt and a warning they will note a default on your credit history
  • once the notice period has passed, they can place a default on your credit report.
  • the telecommunications company can take you to court to try and recover the money from you.

How to get legal advice

We may be able to give general legal advice about telecommunications issues.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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