Small businesses to be protected from unfair terms in contracts
The Competition and Consumer Act and the Australian Securities and Investment Commission Act have been amended to extend the protections that consumers had against unfair contracts to small businesses. What contracts do these amendments apply to? They apply to most standard form contracts for the supply of goods or services or the grant of an […]
Read MoreDoes anyone like telemarketers and door to door salespeople?
Devious and annoying telemarketers! I was having lunch with friends on the weekend when the conversation turned to the devious tricks that telemarketers play to try to get your personal information and make a sale. One friend told us about a call she received where the caller said that they were following up a recent […]
Read MoreThe ACCC gets tough with Coles and Woolworths and their fuel discounts
Coles and Woolworths shopper dockets and their s87B undertakings Coles and Woolworths were issuing shopper dockets with fuel discounts of 8 cents or more to customers who made purchases over a certain value in their supermarkets. The ACCC were investigating whether, by doing this, the big supermarket retailers were lessening competition in the retail fuel […]
Read MoreThe serious consequences of supplying goods that don’t comply with safety standards
We have recently heard in the news the sad cases of two small children who were strangled by the cords used to open and raise blinds. Standards to keep us safe In Australia we have a number of mandatory Safety Standards that apply to products that have the potential to cause serious harm to consumers, […]
Read More3 Critical Things to Remember When Dealing with Consumers
The ACCC reported some big wins last week in the consumer protection space, amounting to 3 companies (and 3 individuals) paying a total of over $1.5 million in penalties. The ACCC alleged that these companies and people misled consumers, made misrepresentations, engaged in unconscionable conduct and/or failed to comply with consumer protection laws when making […]
Read MoreFuel cells: An under used energy source. What are they?
Two articles came across my desk on Monday from very different sources about fuel cells. One was published in Business Spectator and the other in Science Daily. Science Daily reported on a 2 year pilot program soon to be undertaken in Texas, California and New York where the refrigeration units of frozen food delivery vans […]
Read MoreThe regulator is watching for false claims of energy cost savings or of premium attributes of products penalties but are easily avoidable.
In a speech to lawyers on Friday night, the chairman of the ACCC said that 2 areas of their focus are energy retailers and in particular on claims of discounts and savings available to customers and on the making of credence claims, particularly by the food industry. This includes claiming attributes such as “Australian made”, […]
Read MoreEven accidentally misleading consumers can be costly
Over the past 6 months the ACCC has received over 1000 complaints or enquiries relating to misleading advertising and false representations including claims that are made to improve the appeal of a product to consumers (“credence claims”). Credence claims can include country of origin representations, “green” or environmental claims and representations that products are “organic” […]
Read MoreEnergy price savings and free range ducks
Misleading consumers about the nature of the energy comparison services offered by Energy Watch and the savings that their customers could make when switching retailers, has resulted in the company ( which has gone into liquidation) and its former CEO being ordered by the Federal Court to pay fines of $1.95 million and $65,000 respectively. This comes as […]
Read MoreThe ACCC acts quickly against misleading carbon price claims; do you know what you can say?
The price on carbon has only been with us 5 days and already the ACCC is investigating, or has taken action against, 3 companies for misleading or deceptive conduct in relation to claims, or threatened claims, about the cost to consumers of the carbon price. The ACCC warned businesses that they would take action and have published a guide […]
Read MoreThe cost of non-compliance is expensive-just ask Apple.
Businesses need to be proactive about ensuring that they know their legal obligations and have processes in place to ensure that they comply with the law. Since the Australian Consumer Law was introduced in in January 2011, the Federal Court has imposed penalties of over $1 million dollars on a number of companies for misleading […]
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