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Optus left to foot the bill from Vodafone case

Optus has dropped a case against Vodafone, which had claimed that the telco’s advertisements for their “infinite plans” were misleading.
Written by Alana Faigen
03/05/2011

Optus has dropped a case against Vodafone, which had claimed that the telco’s advertisements for their “infinite plans” were misleading.

Vodafone’s infinite plans include unlimited calls and text to mobiles and landlines in Australia, however there are a number of services not included, such as international roaming, premium text and exceeded data.

"After Optus' initial interlocutory injunction against Vodafone's Infinite marketing and advertising was unsuccessful, Optus withdrew its claims on Friday and agreed to pay Vodafone's costs in regard to those proceedings," Vodafone said in a statement.

Vodafone has agreed to modify their advertisements, so Optus has agreed to discontinue with the case.

Optus is well aware of the legal ramifications due to misleading advertising, after the Australian Competition and Consumer Commission (ACCC) took Optus to court for advertising their broadband plans as “unlimited.” In reality, the plans were capped at low amounts and once the customer exceeded this amount their speed was limited to 256Kbps.

There is a range of infinite mobile plans available from various mobile carriers, and while standard calls and text are unlimited, premium services are usually not. The Vodafone infinite plans however include unlimited voicemail retrieval, while some other infinite plans, such as the Optus $99 Timeless Plan charges customers for checking their voicemail.

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