Optus V Telstra: Federal Court Dismisses Misleading Advertising Claims

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The Federal Court has dismissed action by Telstra against Optus over claims made in an advertising campaign.

In July it was revealed Telstra had initiated legal action against the rival telco over ads that claimed Optus’s network was “covering more of Australia than ever before”.

Telstra alleged these ads implied Optus had greater coverage than Telstra.

In her judgement, Justice Jayne Jagot rued Optus’s ads conveyed an important message for its customers.

“This is a meaningful message for Optus to convey given the importance of retaining and obtaining customers to its network,” she said.

“The customers would want to know that Optus is making material improvements to its geographic reach. Such a claim would not be unremarkable as it would show a provider committed to improving a key matter for consumers.”

Telstra has been ordered to pay Optus’s court costs.

Responding to the ruling, Optus VP regulatory and public affairs Andrew Sheridan accused Telstra of bullying its competitor.

“Today’s judgement is a win over unnecessary bullying tactics, and more importantly a reminder to all Australians that Optus offers an amazing national network that they don’t have to pay through the nose to enjoy,” he said.

“Optus has made significant investments to expand our footprint, improve coverage and experience and the ruling is a win for competition, choice and most importantly customers.

“We will continue to deliver choice for Australians: whether it is our extensive mobile network, our unique in-the-home or on-the-go 5G service, or our leading home broadband service – we have you covered and at the value you need.”

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