Can you get compensation for the Optus outage?
It’s too early to say for sure. Optus CEO Kelly Bayer Rosmarin said the company would look into the possibility of compensation once all services are restored.
“We will consider every possibility once services are restored,” she told 2GB radio.
Communications Minister Michelle Rowland has indicated it could be on the cards for impacted customers – just not yet.
“In relation to customers who have been affected and what they recourse may be, I note the comments by the Telecommunications Industry Ombudsman (TIO) that at this time it probably too early to be discussing or giving definitive views about compensation or other consumer rights,” she said.
The TIO says it is ready to help customers seeking refunds.
“If you have contacted Optus and you are unhappy with the response, you can make a complaint with the Telecommunications Industry Ombudsman,” it said shortly after the outage began.
“If you have not contacted Optus, or you have been unable to contact them, we can forward your complaint to Optus on your behalf.
“We can help you with refunds for the time you have been unable to use your service, compensation claims and disputes about your contract.”
However, Shuttleworth Telecommunications Fellow Dr Paul Gardner-Stephen said the telco is unlikely to face a significant financial hit for the breach.
“Omissions by the mobile network operators are because there is no immediate financial incentive to do so,” he said.
“For example, Optus is unlikely to face any significant financial penalties for today’s outage compared with the cost to society of the outage.”
What can you do to seek compensation?
Again, while it’s too early to know if compensation will be available, Rowland advised customers to keep track of how the outage has impacted them in as much detail as possible.
“It is important, especially for small businesses, to keep receipts, so that any recourse and any redress that may be available to them has that evidentiary base,” she said.
The Australian Media and Communications Authority (ACMA) says customers who have been impacted by a mobile or internet outage should file a formal complaint with their telco.
What rights do you have in an outage?
According to ACMA, you may be entitled to a refund or compensation depending on your contract.
“If the outage is only minor and short, it is unlikely you will receive any compensation or refund,” it says.
“But the telco may be breaking your service agreement, depending on the reasons for the outage (and) the terms of your contract.
“Some contracts allow you to apply for a refund or rebate when you can’t use a service because of an outage. This is usually only for major outages that you did not cause.
“Sometimes a telco will offer compensation for the loss of service, even if they don’t have to.”
You also have rights guaranteed under Australian consumer law.
This is what ACMA says about them:
“If the service outages are frequent and/or major, you may be able to: ask for a refund or rebate for the period you were without service; cancel your contract without a penalty; (and/or) ask for compensation for any loss that happened as a result.”
