Australians: You Can Report OpenAI to the ACCC for Model-Swapping/Bait-and-Switch! Here’s How I Did It

How Australians Can Report Model-Switching Practices by OpenAI to the ACCC: A Step-by-Step Guide

In recent times, users of OpenAI’s ChatGPT Plus and Pro services in Australia have raised concerns over unexpected model changes—specifically, instances where customers paid for access to GPT-4o are being silently switched to GPT-5 or other models without prior notice. These practices raise significant questions about transparency, consumer rights, and compliance with Australian law.

Understanding the Issue

Many Australian consumers subscribe to premium AI services under the assumption that they will receive the specific model they paid for. However, OpenAI has publicly acknowledged that they cannot guarantee which model a user will receive at any given time. This lack of transparency means users might be paying for GPT-4o but inadvertently receive GPT-5, with no option to opt out or be warned beforehand.

Why Is This Concerning?

• Consumer Expectations Violation: Customers are promised access to particular models but are often not informed when changes occur.
• Potential Bait-and-Switch: The secret switching of models resembles a classic bait-and-switch tactic, which is often considered illegal under Australian consumer law.
• Transparency and Fair Advertising: There is a lack of clear communication regarding what consumers are paying for and what they receive, undermining fair trading principles.

Taking Action: Reporting to the ACCC

Australians who feel impacted by this practice have the right to report the issue to the Australian Competition and Consumer Commission (ACCC). Here is a straightforward guide on how to do so:

1. Visit the ACCC’s complaint portal at Contact Us or Report an Issue.

2. Choose the category:

3. Select “An issue with a service”

4. Then select “It’s missing something I asked for or need to use.”

5. Specify the service:

6. Service Type: “ChatGPT Plus subscription (for access to specific AI models, e.g., GPT-4o)”

7. Detail your experience:

8. Describe that you paid for GPT-4o access but your interactions are being quietly swapped to GPT-5 or other models without warning.
9. Mention that OpenAI support has confirmed they cannot guarantee access to specific models.

10. Highlight that such practices may violate Australian consumer laws concerning fair advertising and transparent service delivery.

11. Provide your contact details