TELCO CLASS ACTION

In light of the High Court’s decision on 27 July 2016 that late payment fees are not a penalty and therefore enforceable, we are no longer accepting registrations for the proposed class actions against Telstra, Optus and Vodafone.

Telstra, Optus and Vodafone all charge their customers late fees for not paying bills on time.

Customers are tired of paying flat late payment fees to the telcos. Telco customers are fighting to recover their late fees and to put a stop to excessive late fees once and for all.

Although the court has said that late payment fees can be unlawful penalties, a recent decision held that certain bank late payment fees are not unlawful. This decision has been appealed to and heard by the High Court of Australia, and we are awaiting the High Court's decision on the appeal.. Regardless, other late fees such as those charged by the telcos could still be found to be unlawful, and we are continuing to investigate and accept registrations for the proposed telco class actions.

Join the fight today! There is no risk to you and no out-of-pocket costs, so let the telcos know how you feel about their late fees.


BACKGROUND

The telcos have collected hundreds of millions of dollars in late payment fees, often from the people who can least afford them.

Since 2000 Telstra, Australia’s largest telco, has charged customers a flat fee when they pay their bills late. It is currently $15 if the outstanding amount is $70 or more. Similarly, Vodafone charges a late payment fee of $10 per late payment, regardless of the amount of the payment. Optus charges its mobile customers a flat late fee of $15 per late payment if the outstanding amount is more than $50, plus 2% interest above the prime lending rate charged by ANZ Bank if the unpaid amount exceeds $100.


BASIS OF ACTION

ACA Lawyers alleges that telco late payment fees are an unlawful penalty, and that customers are entitled to be reimbursed for the fees they have been forced to pay their telcos which exceed the true cost to the service provider.

ACA Lawyers, with the assistance of Harbour Litigation Funding, is proposing to launch class actions against Telstra, Optus and Vodafone to recover late payment fees and interest on behalf of customers who register to be participate in the claims.

There are no upfront costs, with Harbour covering the legal costs of the class actions. If the claims are successful, Harbour will be entitled to a percentage of the damages which are awarded.

Although the court has determined that late payment fees can be unlawful penalties, a recent decision held that certain bank late payment fees are not unlawful. This decision has been appealed to and heard by the High Court of Australia, and we are awaiting the High Court's decision on the appeal.. Regardless, other late fees could still be found to be unlawful, and we are continuing to investigate and accept registrations for the proposed telco class actions.