Trust Us Communications Pty Ltd, is a national communications company which has recently placed an advertisement in the newspaper of a number of large cities in Australia. This is the advertisement:
(Unlimited Broadband Internet Access
For $99.99 a month get unlimited broadband access anywhere in Australia.
Call 1800 999 999 to take up this offer.
Hurry. Limited time only.)
Jenny lives in a remote part of New South Wales and runs an internet dating/introduction business. She is excited by the advertisement and decides to take up the offer.
Jenny later discovers that the advertisement did not explain all of the terms and conditions of the offer very clearly. It seems that the offer is not for ‘unlimited broadband access’. Once a user has reached a usage limit of 150 GB in a calendar month, they are prevented from gaining further internet access until the following calendar month. It also appears that access is not available ‘anywhere in Australia’ and is primarily restricted to areas within 200km of a capital city. Jenny needs permanent access to the internet to conduct her business and will be severely affected by these conditions.
Jenny is very disappointed, she feels that she has been deceived by the advertisement. Advise Jenny of the chances of her success in mounting a claim under the ACL against Trust Us Communications Pty Ltd.
