Action on telco consumer protections: October to December 2021

Protecting vulnerable telco customers

We started 4 assessments on telco compliance with the:

• Telecommunications Consumer Protections Code (TCP Code) rules on selling and interacting with vulnerable consumers (2)
• TCP Code rules on contactability and customer service (1)
• carrier licence condition requirement to provide priority assistance (1).

We completed 12 assessments on telco compliance with the:

• Telecommunications (Consumer Complaints Handling) Industry Standard 2018 (Complaints Handling Standard) and TCP Code rules on contactability and customer service (11)
• Complaints Handling Standard on delayed resolution (1).

We completed 4 investigations into the TCP Code rules on responsible selling, and training of sales representatives and gave one telco a direction to comply with these rules.   

We started 9 assessments on telco compliance with the Complaints Handling Standard rules, with a specific focus on small business customers.

New figures show telcos blocked over 357 million scam calls from December 2020 to November 2021 under the Reducing Scam Calls Industry Code.

We consulted on proposed new rules to address the harms from unauthorised high-risk customer interactions, including SIM swap, in the draft Telecommunications Service Provider (Customer Identity Authentication) Determination 2021.

We signed a memorandum of understanding on 13 October 2021, with the Australian Cyber and Security Centre, to share information related to protecting Australians from mobile fraud and scams. 

We started 9 assessments into telco compliance with consumer safeguards. We also completed 10 assessments into telco compliance with:

• NBN service continuity rules (4)
• the NBN Service Migration Determination (3)
• TCP Code rules on critical information summaries (1)
• TCP Code rules on code application (1)
• Telecommunications (Consumer Protection & Service Standards) Act 1999 rules on complying with the TIO scheme (1).

We started 4 investigations into telco compliance with:

• TCP Code rules on critical information summaries
• Integrated Public Number Database (IPND) Code and Prepaid Determination rules.
• Reducing Scam Calls Code rules on scam notifications
• the Telecommunications (Mobile Number Pre-Porting Additional Identity Verification) Industry Standard for fraudulent porting.

We completed 13 investigations. View all our finalised investigations into telco providers.

In 2020–21, telcos received just over one million complaints and the average time taken for customer complaints to be resolved was 12.2 days.

Our annual telco complaints report 2020–21 was released on 19 October 2021. It revealed that the Telecommunications (Consumer Complaints) Record-Keeping Rules 2018 that were introduced in 2018–19 have contributed to a decline in complaints of more than 35%, from just under 1.7 million. However, the time taken by telcos to resolve complaints had gone up from a weighted average of 8.2 days in 2018–19 to 12.2 days in 2020–21.

This report looks at how telcos supported and assisted law enforcement and national security agencies in 2020–21. It provides information on the cost of compliance with the requirements of Part 14 of the Telecommunications Act 1997 (Telco Act) and the data retention regime.

This report is made under the statutory requirements of subsection 105(5A) of the Telco Act.

We released 3 proposals to remake the following instruments, which are due to sunset on 1 April 2022:

• Telecommunications (Listed Infringement Notice Provisions) Declaration 2011
• Telecommunications (Infringement Notices) Guidelines 2011
• Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2012.

Our preliminary view was that these instruments are operating effectively and efficiently and continue to form a necessary and useful part of the legislative framework.

Consultations closed in January 2022.

The Consumer Consultative Forum (CCF) allows key consumer, industry and government stakeholders to meet and discuss current telco issues impacting consumers. The CCF met online on 28 October 2021. Issues discussed at the meeting included:

• the 2021 Regional Telecommunications Review
• Telstra’s 3G to 4G transition plans
• general updates from consumer, industry and government stakeholders.

We held the Numbering Advisory Committee advisory meeting on 24 November 2021 with portability and use of numbers being key agenda topics. This was the first meeting under the newly revised membership and terms of reference.

The ACMA’s Scam Telco Action Taskforce met on 1 December 2021, with mobile number fraud and SMS scams being key topics of discussion.