10 October 2018
Lycamobile has paid a $12,600 penalty after failing to follow an ACMA direction to comply with the Telecommunications Consumer Protections Code (the TCP Code).
The penalty follows an ACMA investigation that found Lycamobile failed to lodge its annual documents attesting to compliance with the TCP Code. The required documents are assessed by the industry’s independent compliance monitoring body, Communications Compliance.
‘The TCP Code is designed to ensure good service and fair outcomes for all Australian consumers of telecommunications products,’ said ACMA Acting Chair, Creina Chapman.
‘The lodgement of annual compliance documents is an important industry obligation as it provides information about a telco’s processes and systems to ensure it adheres to the Code,’ added Ms Chapman.
In 2017, 358 suppliers submitted code compliance documents. The ACMA investigated suppliers that failed to submit documents by the due date and then issued five directions to comply with the TCP Code, seven formal warnings and one infringement notice.
‘While it is encouraging that many suppliers complied with the code, this is a timely reminder that the ACMA will take action against any that don’t meet their obligations,’ said Ms Chapman.
All telecommunications providers supplying telecommunications services or products to residential or small business customers are required to comply with the TCP Code.
Where the ACMA finds a breach of the TCP Code, it can issue a formal warning or a direction to comply with code provisions. If a telco does not follow a direction to comply, the ACMA can give an infringement notice or commence proceedings in the Federal Court to recover a pecuniary penalty.