19 May 2022

FibreX fight heading to High Court

Record $2.25m fine for FibreX marketing "manifestly inadequate" - Commerce Commission.

The record $2.25 million fine Vodafone has to pay for the way it marketed its FibreX service isn’t enough for the Commerce Commission, which has launched a High Court appeal.

It was the largest fine under the Fair Trading Act when Vodafone was sentenced in Auckland District Court last month, but the Commerce Commission says it’s still “manifestly inadequate”. It had sought a fine of $5.8m.

The commission’s chair, Anna Rawlings, said $2.25m did not reflect the seriousness of the offending, Vodafone’s financial resources, that the conduct was wilful, and that it led to the telco making significant commercial gains.

Vodafone has announced it will also be appealing its conviction and fine. In a press release that seemed to be attempting to make the marketing of FibreX sound like ancient history, the telco referred to “historic marketing” and “historical marketing” three times in the first four sentences.

The press release went on to say Vodafone would rather be focusing on providing great service but “the commission has advised us that it will appeal the fine handed down”.

“Accordingly, we must respond and will be appealing both the conviction and the fine.”

FibreX was offered in Wellington, Kapiti and Christchurch between 2016 and 2018. Marketing of the product included phrases such as “FibreX is here” or “FibreX has arrived”.

But FibreX didn’t connect people to the ultrafast broadband network that was being rolled out at the same time. It only used fibre-optic cable to the street cabinet, then copper cable from there to the home.

We first warned people about FibreX in 2017 after getting complaints from consumers about the service. One Consumer NZ member told us they’d been close to signing up to a plan when the salesperson mentioned they wouldn’t be linking to fibre but to Vodafone’s cable network.

In 2018, Vodafone pleaded guilty to nine charges relating to the way FibreX was marketed on its website. Then last year, after a 14-day trial, it was found guilty of nine charges related to the way it advertised FibreX.

The commission said it would ask the High Court to reconsider evidence from consumers about the harm they had suffered as a result of being misled by Vodafone.

“The promotion of Vodafone FibreX denied consumers the ability to make an informed choice about FibreX or to choose the type of broadband most appropriate for their needs,” Rawlings said.

News of the duelling appeals came the day after the commission announced new marketing codes to clean up the way telcos advertise their products. It had written to the industry last year regarding complaints from consumers about the information they were getting about switching from the old copper phone lines to other technologies, such as fibre and wireless broadband.

Telcos worked with the Telecommunications Forum (TCF) to create two binding industry codes. Telecommunications Commissioner Tristan Gilbertson said the three key benefits for consumers would be:

  • Getting sufficient notice of any change to their copper service, so they’re not rushed into making decisions about a replacement service, and getting information about the full range of alternative services available to them.

  • Speed indications in advertising must be based on independent testing under the Measuring Broadband New Zealand programme (rather than “up to” or theoretical maximum speeds).

  • The right to walk away from their broadband plan or provider, without penalty, when a service materially fails to deliver what was advertised.

Member comments

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Robert D.
21 May 2022
Breech was only a technicality

I used to have FibreX. I was never quite sure what was fibre and what was wire. Much of the time I got the 200 megabits per second I paid for and when I didn't, I think problem wasn't with the bit of wire between the pole and my house but with something at the other end of the fibre or with the overall capacity of the fibre.

I now have Chorus fibre. I don't know where the fibre ends and the wire begins, but it is certainly a wire from that box on the inside of my house to my computer stuff.

So I regard Vodafone's transgression in this case as a technicality and should not result in a huge penalty.

Samuel V.
21 May 2022
Sneaky and pushy

I can see why people find issues with Vodafones marketing tactics. Recent I switched way from them for 2 reasons.
First reason was their extremely pushy sales tactics trying to 'save' me $10 broadband by switching my phone from $15 prepay to $60 pay monthly. I tried to explain that I didn't want the overall extra expense but he kept pushing.
Second was their aggressive push to put me on their wireless internet capped at 300gb. When I explained I only wanted an unlimited, hardwired fibre connection, he ignored me and push on with why I should change to this great (and slower) technology. I said I was not interested.
Instead of listening to me, he summed up by asking if I wanted to continue with changing to a $60 pay monthly mobile plan and switch to wireless internet. After a moment of disbelief, I wished him a good day said bye.

Peter Jamieson
21 May 2022

I knew what I had and Vodafone have been great. Recently I was offer the annual sign up and said I noticed sometime the cable slows at peak times and they offered the same deal with fibre and now I suspect I know why. I wonder how long cable has left v

Tom P.
21 May 2022
I'm with Vodafone on this one

I've been a Vodafone customer since long before the FibreX era. When I changed to a FibreX plan, it was perfectly clear to me that it was on a hybrid network, not the government-backed UFB.
The thing that did directly irritate me in this whole situation was the behaviour of the Chorus/etc door-knockers. (I say Chorus/etc, because it was often unclear whether they represented Chorus itself or a Chorus-aligned retailer.) They showed an offensive sense of entitlement when they slagged off Vodafone over this FibreX case: it was like they were *claiming* me as a customer.

Stuart B.
21 May 2022
I'm with Tom

I upgraded to Fibre-X knowing exactly what it was. After the 2015 quake I was working at home and my previous upload speed was hopeless for shifting updated material and results back to the server.

But what surprised me was I got a lot more speed in both directions, for fewer monthly $. Vodafone had not suggested changing my plan.

On the subject of fibre sales people turning up on the doorstep, they have never been able to tell me what actual speed I could expect at my location. End of conversation.