TELSTRA, OPTUS & VODAFONE TELCOS CLASS ACTION FAQ
1. Who is running the class actions?
ACA Lawyers Pty Limited (“ACA Lawyers”) will be running the class action. ACA Lawyers is an Australian law firm that focuses on commercial litigation. Further information about ACA Lawyers is available at www.acalawyers.com.au.
Harbour Fund II, L.P. (“Harbour”), a $220 million fund managed by Harbour Litigation Funding Limited, is funding the proposed class action against Telstra, Optus and Vodafone. Harbour was one of the first litigation funders in the UK and has been funding large scale litigation across the globe since 2007. Further information about Harbour is available at http://www.harbourlitigationfunding.com/.
2. Who can join the class actions?
Anyone who has paid a late fee to Telstra, Optus and/or Vodafone can register for the class action.
3. How do I know if I have paid a late fee?
If you have been charged a late payment fee on a bill, the front page of your bill will usually include a separate reference to a ‘late payment fee’.
4. What is my claim worth?
The size of any claim will depend on the number of late payment fees you have made. The damages we will be seeking on your behalf are the difference between the late payment fees you paid and the actual costs that Telstra, Optus and/or Vodafone incurred as a result of your late payment.
The actual costs incurred by Telstra, Optus and Vodafone as a result of late payments will ultimately be determined by the court. In a comparable class action conducted against ANZ in relation to credit card late payment fees, the court determined that the loss actually suffered by ANZ in respect of most of the fees it charged its customers was between $0.50 and $3.50.
5. What will the claim cost?
There is no upfront cost to you. Harbour as the funder is paying the legal costs and will be entitled to a commission based on the amount you recover in respect of the Telstra, Optus and Vodafone class action.
You will never be required to pay any ‘out-of-pocket’ costs. In the event the claim is successful, either by way of judgment or settlement, we will seek to recover costs from Telstra, Optus and/or Vodafone. Any costs which are not recovered may come out of the total damages recovered (subject to any order of the court).
6. How long will any legal proceedings take?
On past experience, class actions such as these will usually take anywhere between one and three years. A number of factors can influence the length of time proceedings may take including the complexity of the litigation and the conduct of the Telstra, Optus and/or Vodafone.
7. Will my personal information be confidential?
Your personal information will only be used for the purpose of the legal proceedings, or as required by the Court or by law. In any other circumstances, we will seek your consent before disclosing any of your personal information. We will not disclose any personal information to third parties, including other clients, except as may be necessary for the purposes of the legal proceedings. A more detailed privacy statement can be found on our website at www.acalawyers.com.au/privacy-policy/.
8. How do I register?
If you have paid a late fee to any of Telstra, Optus and/or Vodafone and you wish to participate in the late penalty fee class actions against these credit card providers, it is very easy to register for the class action at here. We will then send you a link to our secure class action portal, where you can review further information and join the class action.
Due to the volume of eligible participants, at this stage we are only accepting registrations online.
If you have any questions about the class action, please contact ACA Lawyers by telephone on (02) 9216 9898 or by email at firstname.lastname@example.org.