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ACCC Alleges Crazy John's Advertising Misleading Print E-mail
Written by Adam Gosling   
Wednesday, 23 January 2008
Q. When is free not really free? A. When you pay too much for it. The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Mobileworld Operating Pty Ltd (trading as Crazy John's) for a series of adverts it believes are misleading.

The allegation is that the Crazy John's adverts contravene contravene sections 52 and 53 of the Trade Practices Act 1974 in relation to the promotion of "certain of its mobile phone plans".

The ACCC alleges that Crazy John's has engaged in misleading or deceptive conduct by representing that handsets on its Crazy Phone Plans are available 'FREE' or for '$0', when in fact consumers are required to pay for the handsets through higher call rates than those available on comparable plans which do not include a handset.

In this way, Crazy John's is in fact recouping the cost of the handset by charging more for phone calls without making it clear to customers that this is what is happening.

The ACCC is seeking a range of remedies including declarations regarding the alleged contravening conduct and corrective advertising.

The ACCC's proceedings utilise the Fast Track List in the Victorian registry of the Federal Court, which is intended to streamline court procedures in matters of this nature, thereby reducing the time and cost of litigation. A scheduling conference has been provisionally set down for 29 February 2008.

Crazy John's managing director Brendan Fleiter told The Aus: "We are not in a position to accept or refute the claims made by the ACCC but are happy to work with them."
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