Every quarter the ACCC releases a real-world NBN speed report that measures the average evening speeds offered by Australian telcos. Being at the top is a coveted position and one that NBN providers can use to entice customers to sign up to their plans.
MyRepublic did this when it topped the chart in the August 2019 report. This wouldn't be a problem if it was still accurate. Six months later MyRepublic has dropped to 7th position, but its advertising has not reflected that.
Until February 19 2020, the MyRepublic home page and NBN landing page strongly implied that it was number one in the ACCC's average typical evening speed report. While it did state 'August 2019' there was no disclosure that there have been two more reports released since then and that it has not been at the top in either of them.
According to the February 2020 report MyRepublic's average evening speed has dropped to 83.6%, which has resulted in it being placed 7th. Top of the list was Optus at 90.8%.
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Gizmodo Australia reached out to MyRepublic to question the advertising on the February 19. On February 20 all advertising regarding the outdated average evening speeds had been removed from these pages.
We only received a response from MyRepublic after this story was published.
"Ever since our launch in October 2016, MyRepublic has continuously evaluated and improved its offering to customers. This advertisement was removed as part of an already planned website refresh," said a company representative over email.
The information highlighted in ACCC speed report advertisement has been out of date since November 2019.
Gizmodo Australia also contacted the ACCC for comment regarding the advertisements on February 19.
"Retail service providers (RSPs) must comply with Australian Consumer Law, and not mislead consumers in their advertising. In addition, the ACCC expects all RSPs to act in good faith in relation to the Measuring Broadband Australia program," said an ACCC spokesperson over email.
"We cannot comment on specific investigations that may or not be underway, however the ACCC closely monitors NBN speed claims and MBA-related advertising, and will consider action where necessary."
This incident comes just a week after Woolworths Mobile advertised 5G speeds on its new S20 5G devices plans despite not having access to a 5G network.
This article has been updated to include statements from MyRepublic and the ACCC.
The ACCC has dropped its latest quarterly report on real-world NBN speeds and Optus has managed to hang on to the title of top-dog NBN provider after it dethroned TPG last time around.