The ACCC investigated complaints from consumers who had been contacted by Gotalk telemarketers between 2004 and 2007. The marketers had claimed that Gotalk had taken over their carrier and they would have to change their carrier to Gotalk.

ACCC said Gotalk accepted that, given the large number of consistent consumer complaints, it was likely that its telemarketers engaged in the alleged illegal conduct and admitted that, if proven, the conduct would breach the fair trading provisions of the Trade Practices Act.

It has agreed to contact all current customers obtained via telemarketing and explain the situation.

ACCC chairman Graeme Samuel said companies could not escape their responsibilities by relying on agents to handle compliance. "Companies must police outsourced telemarketers as they would their own employees, especially if the telemarketers are located overseas," he said.