Maximum NBN Speeds - Refund Offer for Optus customers
Since 1 September 2015, Optus has promoted and offered NBN internet plans using NBN’s fibre to the node (FTTN) and fibre to the building (FTTB) technology to consumers, with the choice to select from a range of internet speeds.
Optus promoted NBN internet plans to consumers by highlighting the maximum speeds available to consumers on each Speed Plan. The maximum speeds promoted by Optus reflected the maximum speeds of the wholesale internet services that it purchased for NBN Co Limited.
Optus offered Speed Plans as ‘broadband only’ plans and as part of bundles. Consumers paid $80 per month for a broadband only Speed Plan which offered speeds up to 12 megabits per second download and 1 megabit per second upload. Consumers paid:
- $5 or $10 extra per month to move up one Speed Plan (25/5 mbps)
- $15 or $20 extra per month to move up two Speed Plans (50/20 mbps), and
- $25 or $30 extra per month to move up three Speeds Plans (100/40 mbps)
Optus Consumers’ Maximum Speeds
Generally, within two weeks of activation of a consumer’s NBN speed plan, NBN makes available to Optus the maximum speed measurement the consumer can achieve.
Optus has reviewed the information made available by NBN and discovered it could not provide many of its consumers with internet speeds up to the maximum speed of their Speed Plan because the consumer’s NBN connection was not capable of delivering it.
Optus accepts that this conduct was likely to have contravened the Australian Consumer Law, because NBN Speed Plans were promoted as delivering certain speeds where consumers could not receive those speeds. In response to the concerns raised by the ACCC, Optus has provided a court enforceable undertaking to the ACCC that it will not engage in similar conduct in the future.
Remedies available to affected Optus customers
Affected consumers may have the following options available to them:
- Remain on their current Speed Plan with no refund,
- Exit their plan without cost and receive a refund for the extra charges paid,
- For consumers on a ‘broadband only’ plan, move to a lower speed plan of their choice and provide a refund, and
- For consumers on a bundle, remain on or move to the ‘base’ speed plan of the bundle, receive a refund and, if applicable, receive a discount going forward
Former Optus consumers may also be eligible to receive a refund.
If you are an affected consumer, Optus will contact you by email or post no later than 2 March 2018. If you would like further information, please contact us on 1300 170 576.