ACCC takes Dodo and iPrimus to court over misleading NBN speed claims

23 Jun 2020

Federal Court proceedings have been instituted against broadband providers Dodo and iPrimus, both part of Vocus Group, by the Australian Competition and Consumer Commission (ACCC), with the agency contending that the pair made ‘false’ or ‘misleading’ claims about the broadband speeds their customers could achieve during busy evening hours over the National Broadband Network.

In a press release regarding the matter, ACCC alleges that between March 2018 and April 2019 Dodo and iPrimus made false or misleading claims on their websites about the speeds consumers could expect if they signed up to their NBN-based broadband services. Commenting, ACCC chairman Rod Sims said: ‘We believe many of Dodo and iPrimus’ NBN customers would have been unable to regularly receive the advertised speeds during the busy evening period of between 7pm–11pm … ACCC will argue that Dodo and iPrimus used a fundamentally flawed testing methodology, developed by Vocus, which was not a reasonable basis for their advertising claims about certain typical evening speeds.’

With the regulator saying that since February 2019, its Measuring Broadband Australia (MBA) programme has shown that Dodo and iPrimus’ broadband speeds have ‘consistently performed towards the lower end of the nine NBN providers measured and reported on’, it said it is seeking declarations, penalties and costs.