Telstra has initiated proceedings against Orion Group, a Tasmanian telemarketing corporation and reseller of wholesale telephony services. Telstra alleges that Orion has harassed its customers, transferred users to its services without permission, and misrepresented Orion’s relationship with Telstra.
“Telstra alleges the sales representatives have been unduly harassing customers in their telemarketing activities and have been transferring customers without their expressed consent,” the company said.
“Telstra took this action after corresponding with the Orion Group, seeking an undertaking that it would cease the alleged illegal activities.
“This undertaking was not provided.”
Orion Group today said it was responding to the papers lodged by Telstra on Monday. “We are in the process of responding, I can’t say anything more at this point,” company secretary John Lawrence said.
Telstra said it had also written to the Australian Competition and Consumer Commission (‘ACCC’) to notify it of the Orion Group’s alleged misconduct. Telstra said it had been concerned for some time about the complaints of customers regarding alleged high-pressure sales tactics and misrepresentations from some sales staff.
“We are concerned at the pressure some of these callers are placing on customers, particularly the elderly, those with a hearing impairment or who have English as a second language.”
As a repeat callee/victim of Orion’s, I can confirm first-hand that their tactics are disgraceful and contrary to all standards of decency. In my experience, their operators were rude, abbraisive, persistent and largely incomprehensible. I have received over 15 calls from persons claiming to be their representatives, most during meal times, despite my express withdrawal of calling permission.
So incensed was I that I wrote them the following letter, carbon copied to the Telecommunications Ombudsman:
[Orion representative],
For the past four weeks I have been received communications from a telemarketing call centre, at various times of the day and night, purporting to be acting under your authority. I write to express my concern that I continue to receive such messages and alert you to the possible legal consequences of your company’s contemptible disregard for privacy and decency.
I can understand telemarketing being performed by a company for market research, to advertise a special promotion, or even to facilitate general expansion. I can almost understand it outsourcing that task to offshore call centres with poorly trained staff, inadequate complaints procedures, and little to no knowledge of your products or services. But what I cannot understand is why, after being called on six separate occasions and at each stage requesting to be removed from your database, I still continue to receive calls.
I would question the efficacy of a marketing campaign that turns your would-be customers into vitriolic antagonists. Further, as your communications appear to have been made using a VoIP phone, the messages may be covered by the Spam Act 2003 (Cth). Section 16 of that Act makes it an offence punishable by fines of up to $1.5m per violation to send unsolicited commercial messages in contravention of the Act. I have already made clear on at least five of the six aforenamed occasions that these communications are unsolicited and requested to be unsubscribed.
What, if any, is the connection between this call centre and Orion Telecommunications? Do your directors really believe this is the most effective way of advertising its products and services? …
Hopefully the prospect of continuing legal action will stem the (unfortunately steady) stream of calls during my upcoming examination period. Kudos to Telstra for defending its customers’ rights on this one.