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Banner advertisements promoting the Domain mobile phone service were published across Fairfax Digital websites during February and March 2008. The Domain mobile phone service enables consumers to view and search property listings on Domain.com.au from their mobile phones.
The Domain mobile service also offers an optional service for consumers to receive SMS alerts of properties listed on Domain.com.au.
The banner advertisements for the Domain mobile service stated 'Domain Goes mobile! Find your next home on your phone for free.' and 'Find your next home on your phone for free.'
The ACCC said it "was concerned about the banner claim that the Domain mobile phone services were free to consumers, when in fact users would incur charges by their telecommunications provider".
The ACCC was also concerned about the banner advertisement claims that "the Domain mobile alert service was free in circumstances where users of the service would be charged 55 cents for each SMS alert. The charge for the SMS alert was only later disclosed to consumers who visited Domain.com.au to avail of the service".