By Sanele Chadwick
Vodafone New Zealand has been fined $960,000 this morning after being found guilty of breaching the Fair Trading Act.
The penalty comes after the company was charged close to half a million dollars last year for other fair trading breaches.
The company was found guilty on 21 representative charges of breaching the Fair Trading Act and it now has to pay more than $1.4 million in total – the highest penalty imposed on a single defendant under the Fair Trading Act in one go.
The Commerce Commission says they’re happy with the sentence.
“These were significant penalties, in terms of the Fair Trading Act context, so the commission is pleased with the penalties that the court has agreed to,” says the Commerce Commission’s competition branch manager Stuart Wallace.
Today’s charges were in relation to advertising campaigns run by Vodafone from October 2006 and February 2009 which mislead customers.
In sentencing, Judge Harvey described Vodafone’s conduct as “gross carelessness” and was particularly damning of Vodafone’s 'Broadband Everywhere' campaign.
Vodafone also claimed it had the largest 3G network in the country, when in fact Telecom did in terms of geographical reach.
“Telecommunications is a very competitive industry, as I think the judge noticed. So companies are always on the lookout to get a marketing edge. I think they understand now that those marketing messages are clear and not misleading,” says Mr Wallace.
Vodafone wouldn't appear on camera today but issued a statement saying it accepts the penalty sought by the Commerce Commission.
It says it got things wrong, and admits it didn't communicate clearly enough with their customers.
Consumer New Zealand hopes this latest sentencing will send a strong message for companies to take the Fair Trading Act seriously.
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