25 Aug 2005
THE COMMERCE COMMISSION V TELECOM MOBILE LTD CA CA148/04
- Citation
- openlaw-e43adace_8372_4560_a66c_f4f386ad9b9b.pdf
- Court
- Court of Appeal
Contracts resulting from the telemarketing campaign were completed when customers accepted by breaking the seal (or on receipt/use), therefore were made otherwise than at appropriate trade premises and subject to the Door to Door Sales Act; Telecom's contracting arrangements had the purpose or effect of evading the Act so s12(2) applied making monies paid recoverable; Telecom breached the Door to Door Sales Act and, consequently, the Fair Trading Act, and corrective advertising orders under s42 are appropriate to correct the misinformation and notify customers of recoverability rights.