Telco Overcharged You? How to Get Your Money Back From a Phone or Internet Provider (Australia 2026)
Last updated · Reviewed by the Claim Done team · Not legal advice
Yes, you can usually get money back from a phone or internet provider when it overcharged you, put you on the wrong plan, sold you a service that does not work, or charged you to leave because of its own failure. The Australian Consumer Law gives you the right, and a mandatory ACMA standard sets how fast the telco must deal with your complaint. Fastest route: complain to the telco, send a formal complaint letter, take it to the free Telecommunications Industry Ombudsman (TIO), then a final demand or a tribunal claim only if needed.
Can you get your money back from a phone or internet provider?
In most cases, yes. A phone or internet plan is a service. Under the Australian Consumer Law (ACL) a business that supplies services to you must provide them with due care and skill (s 60), make them fit for any purpose you told it about (s 61), and supply them within a reasonable time when no time was fixed (s 62). A phone, modem or other device the telco sold you is goods, and it must be of acceptable quality (s 54).
When a telco gets it wrong, what you can ask for depends on how serious the failure is:
- A refund or credit for anything you were charged that you did not agree to, or for a service you paid for and did not get.
- To cancel without an exit fee where the failure is major, for example a service that never worked properly and cannot be fixed within a reasonable time (ss 267-268).
- Compensation for reasonably foreseeable loss the failure caused you, such as the cost of a replacement service while yours was down (s 267(4)).
- A fix where the problem is minor and can be put right: the telco gets the chance to repair it first.
What a telco cannot do:
- Contract its way out of the law. A term that tries to exclude or limit the consumer guarantees is void (s 64). A clause in the fine print saying “no refunds” or “we are not responsible for outages” does not remove your rights.
- Rely on an unfair term. In a standard form consumer contract, an unfair term is void (s 23). Most phone and internet contracts are standard form contracts.
- Refuse to call it a complaint. The complaints standard defines a complaint as any expression of dissatisfaction where you expect a response. A first call to report a fault is not automatically a complaint, so say the words: “I want to make a complaint.”
- Charge you to complain. The complaint process must be free of charge.
- Cut you off for going to the TIO. Your service cannot be cancelled for the sole reason that you could not resolve the complaint directly and went to external dispute resolution.
- Sue you while you complain. The telco must not start legal proceedings about the same matter while it is handling your complaint, for 7 working days after telling you the outcome, or while the TIO is investigating.
The most common problems with phone and internet providers
1. Overcharging and billing errors
Charges you never agreed to, a discount that disappeared, being billed twice, or charges after you cancelled. Claim a refund or credit of every incorrect charge. The telco must resolve a billing error complaint by the end of the next billing period or within 30 calendar days, whichever comes first.
2. Put on the wrong plan
You agreed to one plan and were connected or billed on a dearer one, or a salesperson signed you up to something you did not ask for. Claim the difference between what you were charged and what you agreed to pay, and a move to the right plan with no fee. If you were misled about the plan, that can be misleading conduct (ACL s 18).
3. Internet much slower than you were sold
If the provider told you a speed and your connection cannot reach it, or the service is not fit for the purpose you told them about (working from home, for example), the service guarantees can apply. Claim a move to a cheaper speed tier with a refund of the difference, or cancelling the contract without an exit fee. Check your own equipment first and keep speed test records.
4. Outages and faults that are not fixed
A service that drops out for days or weeks, or a fault the telco keeps “escalating” without fixing. Claim a credit for the time without service, the reasonable cost of a temporary alternative (for example extra mobile data), and cancellation without a fee if the failure is major. Report outages as a complaint, not just a fault.
5. Early exit or cancellation fees
A telco may charge an exit fee that your contract allows when you simply change your mind. It is a different story when you are leaving because the service failed. If the failure is major you can end the contract under the ACL, and the TIO lists “cancelling a contract without penalty” among the outcomes it can reach.
6. Charged after you cancelled or moved
Bills that keep coming after you cancelled, ported your number or moved house. Claim a refund of everything charged after the date your cancellation took effect, plus the reversal of any late fees.
7. Handset or modem problems
A phone or modem bought from the telco that fails early. It must be of acceptable quality. For a major failure you choose a refund or replacement; for a minor one the telco can repair it. If the phone is on a payment plan tied to your service, raise both in the same complaint.
8. Debt collection and credit listings over a disputed bill
The telco sends a bill you dispute to a debt collector or lists a default. While the TIO is handling your complaint the telco must not take legal action to pursue the debt, and the TIO lists “removing an incorrect listing, or pausing debt collection” among its outcomes. Claim the debt to be reduced or waived and any wrong listing removed.
9. Disconnected while in financial hardship
Telcos must have a hardship process, and it must be free. While you are discussing hardship options, have applied, or are keeping to an arrangement, the telco must not restrict, suspend or disconnect you except in limited cases, and disconnection is a last resort. A complaint about a disconnection that did not follow due process is an urgent complaint.
10. Runarounds
Transfers between departments and call-backs that never come. The standard requires the telco to minimise waiting and transfers, and to escalate your complaint if you ask.
The telco complaint rules: the complaints standard, the TCP Code and the TIO
The Consumer Complaints Handling Industry Standard 2018
Telco complaint handling is set by a mandatory ACMA standard, the Telecommunications (Consumer Complaints Handling) Industry Standard 2018, current version in force from 1 January 2026. Its key deadlines (working days exclude weekends and public holidays where you live):
| What the telco must do | Deadline |
|---|---|
| Acknowledge your complaint with a reference number | Immediately if by phone, chat, app or in store; within 2 working days if by email or post |
| Propose a resolution | Within 10 working days of receiving the complaint |
| Urgent complaint (for example wrongful disconnection or hardship): propose and, if you accept, carry out a resolution | Within 2 working days |
| Fix a billing error complaint | By the end of the next billing period or 30 calendar days, whichever is first |
| Carry out a resolution you accepted | Within 5 working days of your acceptance |
| Explain its escalation process and the TIO when you say you are unhappy | Within 24 hours |
| Assess and escalate when you ask for priority or escalation | Within 5 working days |
| Tell you about the TIO if the complaint is still unresolved | The next working day after 30 calendar days |
The telco must also tell you, in its process, that “If you are not satisfied with how we have handled your complaint, you have a right to take it to the Telecommunications Industry Ombudsman, which is a free and independent service”.
The Telecommunications Consumer Protections (TCP) Code
The TCP Code covers how telcos sell, bill, check credit and handle disconnection. The version in force is still the 2019 Code, as varied in 2022. In October 2025 the ACMA declined to register a revised industry code and found the 2019 Code deficient. In March 2026 it announced it would replace the code with a mandatory industry standard. A draft Telecommunications (Consumer Protections) Industry Standard 2026 was released for consultation in September 2026, with submissions closing on 10 November 2026. The draft includes specific remedies for mis-selling, such as a refund or ending the contract without charge, but it is a proposal and is not yet law.
The Financial Hardship Industry Standard 2024
Since 29 March 2024 a separate ACMA standard requires every telco to have a free hardship process. It cannot charge you to apply or be assessed, and it must not restrict, suspend or disconnect you while hardship assistance is being discussed or an arrangement is in place, except in limited cases.
The Telecommunications Industry Ombudsman (TIO)
- Free: the TIO’s Terms of Reference say its service is free of charge for consumers.
- Telco first: the TIO only considers a complaint after the telco has had a reasonable opportunity to deal with it.
- Binding on the telco if you accept: if you accept a TIO decision, the telco must carry it out. If you do not accept it, it does not bind you and you can go to a court or tribunal.
- Limit: compensation up to $100,000 (more only if both sides agree), and up to $1,500 for non-financial loss such as stress, except privacy complaints.
- Time limit: complain within two years of finding the problem; the TIO may accept complaints up to six years in some cases.
- Not covered: how a telco sets its prices, and matters already before a court or tribunal (except in exceptional circumstances).
Scams through your phone
Phone calls and text messages are a designated sector under the new Scams Prevention Framework, regulated by the ACMA. Its main obligations do not apply to telcos until 31 March 2027, and the scams ombudsman role run by AFCA can only consider matters that happen on or after that date. For money lost to a scam now, start with your bank: see getting money back from a bank.
What you can claim from a telco
- Refund or credit of wrong charges: every charge you did not agree to, plus late fees caused by the error.
- The difference in price: what you paid minus what you agreed to pay, or minus the value of the service you actually got.
- Exit without a fee: where the failure is major, plus any refund of charges paid in advance.
- Out-of-pocket loss: reasonable costs the failure caused, such as a temporary mobile broadband plan during an outage.
- Debt reduced or waived and a wrong credit listing removed where the debt came from the telco’s error.
To work out the amount, line up your bills against the plan you agreed to (the order confirmation, the critical information summary or the sales call), month by month. Add your receipts for extra costs. Keep the total to what you can show.
Worked example (round numbers, for illustration only): you signed up for a $70 a month internet plan but were billed $95 a month for 6 months. Overcharge: 6 x $25 = $150. The service also dropped out for 2 weeks and you bought a $40 mobile data pack to keep working. Your claim: $150 refund + $40 out-of-pocket = $190, a move to the $70 plan from the next bill, and, because the outages keep recurring, the right to leave without an exit fee if they continue.
Evidence to gather
- Your contract, order confirmation, critical information summary and any sales emails or chat transcripts.
- Every bill for the period in dispute, with the wrong charges highlighted.
- Complaint reference numbers, with the date, time and name of each person you spoke to.
- Screenshots of advertised plan prices and speeds as they were when you signed up.
- Speed test results taken over several days and times, with your modem plugged in directly if possible.
- Outage records: dates, times and any messages or texts from the telco about the outage.
- Receipts for any extra costs (mobile data, a replacement modem, a second service).
- Letters from debt collectors or credit reporting bodies, if the telco referred a disputed bill.
- For hardship: what you told the telco about your situation, when, and what it offered.
How to get your money back: 5 steps
Step 1. Make a complaint to the telco
Call, chat or email and use the words “I want to make a complaint”. Say what went wrong and what you want: the refund amount, the credit, the plan change or the cancellation without a fee. Ask for the complaint reference number. If you complained by phone, follow up by email the same day so there is a written record. The telco should propose a resolution within 10 working days (2 for an urgent complaint).
Step 2. No answer, a refusal or a runaround: send a formal complaint letter
If the telco misses its deadline, offers too little or keeps transferring you, put it formally in writing. Our telco complaint letter sets out the facts, the ACL and the complaints standard, the amount you want, and a clear deadline. It is the formal complaint the telco must deal with through its internal process, and it is the record the TIO will want to see.
Send your telco complaint letter – $49
More about it: telco complaint letter. If the business is not a phone or internet provider, our general letter of demand may fit better.
Step 3. Take it to the Telecommunications Industry Ombudsman
The TIO is free and independent, and it covers telcos in every state and territory. It will only act once the telco has had a reasonable chance to fix the problem, and your formal letter shows it has. Lodge online or call 1800 062 058 (8am to 8pm AEST, Monday to Friday) and attach your letter, the telco’s reply and your bills. The TIO first refers the complaint to a dedicated team at the telco, which usually has 10 working days to propose a resolution. If that fails, the TIO assesses the complaint and can make a decision. If you accept it, the telco is bound to carry it out. You are not bound, and you can still go to a court or tribunal if you reject it.
Step 4. Still unpaid: send the final demand
Use this if the telco agreed to a refund or credit and has not paid it, if the TIO cannot deal with your complaint (for example because it is out of time or already before a court), or before you file a tribunal claim. Quote your first letter, the telco’s response and your TIO reference number.
Step 5. A tribunal or court claim, only if the TIO route fails
For most telco problems the TIO is the better route: it is free and its decision binds the telco if you accept it. A tribunal or court claim is the fallback if you reject a TIO decision, or the TIO cannot take your complaint. A consumer claim goes to the tribunal or court in the state where the business is, using the table below.
Prepare your tribunal application – $97
In WA, SA and Tasmania this is a Magistrates Court claim, and the same service prepares your court claim. To put your bills, screenshots and speed tests into the order a decision maker expects, use the Hearing Bundle ($97).
Where your claim goes in each state
First stop everywhere: the TIO, tio.com.au/complaints, 1800 062 058. The TIO is national, so the state does not matter at that stage.
If you go on to a tribunal or court, file in the state or territory where the business is. For the NSW and Victorian tribunals (NCAT and VCAT) there is one exception: if the business is an individual or sole trader living in another state, the tribunal cannot decide the claim and it must go to a court instead (Burns v Corbett [2018] HCA 15). QCAT in Queensland is a court of a State (Owen v Menzies [2012] QCA 170) and is not affected. The big telcos are companies, so this rarely applies to them.
| State | Where to file | Money limit | Link |
|---|---|---|---|
| NSW | NSW Civil and Administrative Tribunal (NCAT), consumer claim | $100,000 | ncat.nsw.gov.au |
| VIC | Victorian Civil and Administrative Tribunal (VCAT), goods and services | No cap | vcat.vic.gov.au |
| QLD | Queensland Civil and Administrative Tribunal (QCAT), minor civil dispute | $25,000 | qcat.qld.gov.au |
| ACT | ACT Civil and Administrative Tribunal (ACAT), civil dispute | $25,000 | acat.act.gov.au |
| NT | NT Civil and Administrative Tribunal (NTCAT), small claim | $25,000 | ntcat.nt.gov.au |
| WA | Magistrates Court of WA, consumer/trader claim | $75,000 (minor case up to $10,000) | magistratescourt.wa.gov.au |
| SA | Magistrates Court of SA, civil claim | $100,000 (minor claim up to $12,000) | courts.sa.gov.au |
| TAS | Magistrates Court of Tasmania (Civil Division) | $50,000 (minor civil claim up to $15,000) | magistratescourt.tas.gov.au |
Filing fees change each year and depend on how much you claim and whether you hold a concession card, so check the current fee on the tribunal or court’s own fees page (linked in the table) before you file.
The TIO will not usually handle a complaint that is already before a court or tribunal, so choose one route at a time. Most people start with the TIO because it costs nothing.
After you win: getting paid
If you accept a TIO decision, the telco is bound to carry it out, and TIO members must comply with accepted decisions. If you went to a tribunal or court instead and the business still does not pay by the date in the order, the order can be enforced. In most states it is registered or filed with the court and enforced like a judgment: a garnishee order on the business’s bank account or money owed to it, seizure and sale of property, or an examination where the business must answer questions about its finances.
Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.
| State | How the order becomes enforceable | Garnishee: bank account and wages | Other options |
|---|---|---|---|
| NSW | Get a certified copy of the NCAT order (no fee) and register it with the Local Court (filing fee applies) | Yes: Form 69 with Form 70 (bank) or Form 71 (wages); no filing fee | Writ for the levy of property (Forms 65, 66); examination notice (Form 51 or 52) |
| VIC | Ask VCAT to have the order recorded at the Magistrates’ Court | Yes: attachment of debt (Form 71A or 71B); attachment of earnings (Forms 72A, 72B, with a hearing) | Warrant to seize property (Form 68A); oral examination (Form 67A); instalment order |
| QLD | File the QCAT order and an affidavit with a court (the Magistrates Court up to $150,000) within six years; free | Yes: enforcement warrant for redirection of debt (Form 76 or 77) or of earnings (Form 78), with Forms 9 and 74 | Seizure and sale (Form 75); enforcement hearing |
| ACT | File the sealed ACAT order and an affidavit in the Magistrates Court, serve Form 2.49, wait 7 days | Yes: debt redirection (Form 2.62 or 2.63); earnings redirection (Form 2.64) | Seizure and sale (Form 2.59); enforcement hearing (Forms 2.50, 2.51) |
| NT | Register the NTCAT order with the Local Court (certified copy and affidavit; no fee) | Yes: attachment of debts order; attachment of earnings order with a protected earnings rate | Warrant of seizure and sale; examination summons; charging order |
| WA | Already a court judgment; apply with Form 6 and the fee | Yes: debt appropriation order (Form 6, Form 2 affidavit); earnings appropriation order (individuals only, after an instalment order is broken) | Property (seizure and sale) order; means inquiry |
| SA | Already a court judgment; start through CourtSA, Enforcement tab | Yes: garnishee order (draft Form 148); wages protected to 90% of the weekly national minimum wage | Warrant of sale (Form 163); investigation or examination summons |
| TAS | Already a court judgment; file enforcement process at the registry ($49) | Yes: provisional, then final, garnishee order attaching a debt or earnings | Warrant to sell property; judgment summons and oral examination |
Questions people ask
How do I make a complaint to my phone or internet provider?
Contact them by phone, chat, email or in store and say “I want to make a complaint”. A fault report alone is not a complaint unless you say so. Ask for a reference number. By phone, chat or in store they must acknowledge it immediately; by email or post, within 2 working days. Then follow up in writing.
How long does a telco have to resolve my complaint?
Ten working days to propose a resolution, under the ACMA complaints handling standard. Urgent complaints, such as a wrongful disconnection or a complaint that worsens financial hardship, have 2 working days. Billing errors must be fixed by the end of the next billing period or within 30 calendar days, whichever comes first. If it runs late, it must explain why.
Is the Telecommunications Industry Ombudsman free?
Yes. The TIO’s Terms of Reference say its service is free of charge for consumers, and its website says it is free for small businesses too. You can lodge online or call 1800 062 058. The TIO expects you to have given your telco a reasonable chance to fix the problem first, and a written complaint is the easiest way to show that.
Can the TIO force my telco to give me a refund?
Yes, if it makes a decision and you accept it. An accepted TIO decision binds the telco, which must carry it out. It can cover compensation up to $100,000, credits, waived debts, a removed credit listing and cancelling a contract without penalty. If you reject the decision, it does not bind the telco and you can go to a court or tribunal instead.
Can I cancel my phone contract without paying an exit fee?
Sometimes. If you simply change your mind, a fee your contract allows can usually be charged. If you are leaving because the service has a major failure, such as an internet service that never works properly and is not fixed in a reasonable time, the Australian Consumer Law lets you end the contract. The TIO can also agree a cancellation without penalty.
What can I do if my NBN speed is slower than what I pay for?
Raise it as a complaint and ask for a move to a cheaper speed tier with a refund of the difference, or to leave the contract without a fee. Keep several speed tests at different times. If the telco told you a speed it could not deliver, that can be misleading conduct, and the service must be fit for any purpose you told them about.
My telco sent my disputed bill to a debt collector. What can I do?
Complain to the telco in writing that the debt is disputed, then go to the TIO. While the TIO is handling your complaint, the telco must not take legal action to pursue the debt. The TIO’s outcomes include pausing debt collection, reducing or waiving a debt and removing an incorrect listing. Our telco complaint letter sets out the dispute in writing.
Can my telco disconnect me while I am complaining?
Not just for going to the TIO: your service cannot be cancelled for the sole reason that you took your complaint to external dispute resolution. A telco also cannot sue you about the same matter while it handles your complaint. If you are in financial hardship and have applied for help, the telco generally cannot restrict, suspend or disconnect you.
How long do I have to complain to the TIO?
Two years from when you first found the problem is the normal limit. The TIO may still accept a complaint up to six years after you discovered the problem if there is a good reason for the delay. After six years it will not handle it. Complain to your telco as soon as you notice, because older billing records are harder to get.
Do I need a lawyer to get money back from a telco?
Usually not. The TIO is designed for people without lawyers, and tribunals are too. A clear written complaint with your bills and a specific amount does most of the work. Our telco complaint letter ($49) sets out the law, the deadlines and what you want. For a large business loss, get legal advice.
What should my complaint letter to a telco say?
Your account number, the complaint reference, what went wrong with dates, what you want (the dollar amount, the plan change or the cancellation without a fee) and a deadline. Mention that you will take it to the TIO if it is not resolved. Our guide on how to write a letter of demand covers the structure.
Does the new scams law make my telco pay me back for a scam call?
Not yet. Phone calls and texts are covered by the Scams Prevention Framework, but its main obligations do not apply to telcos until 31 March 2027. The scams ombudsman role can only consider matters that happen on or after that date. For money lost to a scam today, start with your bank.
Sources
- Telecommunications (Consumer Complaints Handling) Industry Standard 2018 (compilation in force from 1 January 2026), ss 5, 7, 8, 10, 12-15, 17D
- Telecommunications (Financial Hardship) Industry Standard 2024, ss 2, 21, 24
- ACMA: Proposal to make the Telecommunications (Consumer Protections) Industry Standard 2026, consultation paper (September 2026)
- Telecommunications Industry Ombudsman Terms of Reference (effective 1 January 2025), clauses 1.5, 2.5-2.15, 2.20, 2.40-2.43, 6.8-6.9
- TIO: Make a complaint, Our process and Possible outcomes
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), ss 18, 23, 29, 54, 60-62, 64, 259, 267-268
- Competition and Consumer (Scams Prevention Framework—Regulated Sectors) Designation 2026, ss 13-14, 102; Scams Prevention Framework—External Dispute Resolution Authorisation 2026, s 50
- Tribunal and court pages listed in the table above
More guides for other businesses: how to get your money back.
Checked 19 October 2026 by the Claim Done legal content team.
Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.