Telstra loses to Optus in network coverage ad case – Telco/ISP

Telstra has misplaced a court situation towards rival Optus over ads it claimed could mislead consumers on whose cellular network experienced improved coverage.

The ads mentioned that Optus was now “covering additional of [Australia/State] than ever prior to.”

Telstra unsuccessfully argued the ads would be understood as a comparison to the reach of its very own network.

Optus, in transform, stated “no these kinds of representations are conveyed and that all that is conveyed by the ads is that Optus’s cellular network has additional geographic coverage than it has ever experienced prior to,” in accordance to a judgment.

“In other terms, in accordance to Optus, the ads do not express any comparison between Optus’s network and the network of any other telecommunications service provider,” Justice Jayne Jagot wrote.

“I concur with Optus’s contentions. When every advertisement is viewed as a complete Telstra’s contentions as to the representations conveyed are untenable.”

The ads contained “no reference to any service provider other than Optus” and instead contained only Optus branding.

“By the time the closing graphic and the allegedly offending terms are attained the viewer is aware that the advertisement is about the spots where by Optus’s cellular network is offered,” the judgment states.

“The viewer will construe the assertion “covering additional of [Australia/State] than ever before” followed by the term “Optus” as this means that Optus is covering additional of [Australia/State] than ever before”

“The terms ‘ever before’ do not counsel that Optus has attained a thing no telecommunications service provider has attained ever prior to.”

The Federal Court dismissed Telstra’s situation and purchased it to fork out Optus’ fees.