Fetch issues final response as ScanTract refers the dispute to South Australian CBS

Fetch has provided what it describes as its final Level 2 Customer Support position on the Extended Service Levy affecting certain retail-owned Gen 3 devices. It says no further internal escalation tier is available. ScanTract has sent a final written reply disputing aspects of that position and seeking independent consideration of the issues.

Fetch’s final correspondence confirmed that the action deadline is 30 November 2026 for directly contacted retail Gen 3 customers, with no suspension before that date. Its published policy says accounts with no eligible option selected will be suspended from 1 December. Suspension is distinct from permanent deactivation: Fetch says accounts can still be recovered while suspended, but continued inaction may eventually lead to irreversible termination. The duration of the recoverable suspension period has not been specified.

Fetch says its products have always depended on cloud authentication and that ongoing platform costs help explain the one-time $29.99 opt-in levy, eligible subscriptions and different arrangements for ISP-supplied devices. It also relies on a purported Clause 14 variation provision and argues that the Gen 3 support period exceeds reasonable durability expectations. These are Fetch’s stated explanations, not independent legal findings.

Our response raises questions about where the cited Clause 14 appears in the terms applicable to the purchase or activation, and about Fetch’s use of Australian Consumer Law sections 18 and 29 when discussing major failure. Those sections address misleading or deceptive conduct and false or misleading representations; they do not themselves set out the statutory test for major failure. This discrepancy does not establish misconduct or a breach of law. The applicable historical terms and original representations remain important evidence.

We have also asked whether basic free-to-air television functionality can reasonably be preserved on otherwise functioning purchased hardware, separately from premium content and services that may depend on ongoing licences. Mighty recordings introduce additional technical questions. The risk of working devices becoming electronic waste is another concern, though not proof of a legal breach.

On 8 November 2026, an Advice regarding consumer goods and services form was submitted to South Australian Consumer and Business Services (CBS). The submission names Fetch TV Retail Pty Ltd, describes the dispute, records that Fetch has provided a final Level 2 response and requests assistance with the contractual and consumer guarantee concerns. The form records that correspondence to the seller was uploaded. ScanTract has retained the submission confirmation privately, without publishing applicant details or the reference number.

This establishes that a request for CBS assistance was submitted; it does not mean CBS has investigated, upheld the complaint, agreed to conciliate or issued a determination. Our earlier ACCC consumer report has been acknowledged, but we have not received a further substantive ACCC response. We will distinguish acknowledgements from decisions in future updates.

The campaign remains active. Affected customers should check Fetch’s latest official information, keep their own purchase records and written correspondence, and contact Fetch directly about account-specific options before 30 November. Sending a complaint or approaching a regulator does not automatically pause the published suspension timetable. We will publish material developments from CBS, the ACCC or Fetch when verified.