The Full Court of the Federal Court has substantially overturned an earlier decision finding ISP TPG had engaged in misleading and deceptive advertising.
The advertising related to broadband plans advertised as costing $29.95 a month that also required an additional $30 home line rental fee that was not prominent.
TPG had been fined $2 million by the ACCC under the original decision. However the fine has been largely overturned.
That consisted of $600,000 for the first phase of advertising over television, radio, print and outdoor, with a further $1.4 million fine imposed for a second phase that used similar wording.
The earlier decision was not overturned entirely, with the Full Bench finding pricing in the original advertisements was not prominent enough to meet section 48 of consumer law.
TPG and the ACCC have been granted several weeks to make submissions on further orders relating to costs and penalties.