Callplus Services Limited; Orcon Limited; Switch Utilities Limited

The Commission brought proceedings against Callplus Services Limited, Orcon Limited and Switch Utilities Limited (the Companies) for failing to clearly and in writing disclose early termination fees (ETFs) of $130–$250 in uninvited direct sale utility agreements, in breach of the Fair Trading Act 1986 (FTA). In November 2022, the High Court determined the agreed preliminary question whether ETFs formed part of the “total price” or other consideration requiring disclosure under section 36L(2)(b) of the FTA and found in the Commission’s favour. Following the decision, the Companies settled with the Commission and agreed to refund the 2,636 affected customers who paid ETFs totalling approximately $473,688. Refunds were made where customers could be contacted, with remaining unclaimed amounts dealt with in accordance with statutory requirements.