Energy Efficiency Claims: cars and vacuum cleaners
It’s good to see energy efficiency is making headlines. Last month it was VW over their fraudulent emissions and fuel efficiency claims, which will result in billions of dollars of repairs, customer claims, penalties and untold damage to its, otherwise, excellent reputation. In a positive twist, it seems that VW may redeem its reputation by escalating […]
Read MoreFailing to give a refund, repair or replacement product costs online seller $100,000
Retailers need to know what rights consumers have when they purchase from their online or physical stores Mr Chopra, the owner, of the online electronics store ”Electronic Bazaar” has been sent a strong message that it is unacceptable for a retailer to fail to give consumers a refund, repair or replacement product for faulty goods sold. The Federal Court has […]
Read MoreDodging the Regulator’s bullet
3 unwanted letters I recently wrote about 3 unwanted types of letter a business could receive. To recap, these are letters from: -a Regulator, for example the ACCC, a State Fair Trading Office, the TGA or Workcover alleging that you or your company has broken the law that the relevant regulator enforces; – the lawyer acting […]
Read MoreWhat do you do when you get “The Letter”?
Four types of letters There are 3 important letters that your business cannot ignore if it receives one. Each one is serious and has enormous consequences for the business. Each one is avoidable and only one is welcome. There is a fourth letter that you won’t receive, but also has huge consequences. The 3 letters […]
Read MoreBusiness lessons from contaminated raspberries
This week we have heard of a number of people contracting Hepatitis A from contaminated imported frozen raspberries. The berries were grown, washed and packaged in China and it appears that unhygienic work practices and /or contaminated water used to wash the fruit is to blame for the contamination. Apart from providing a compelling reason […]
Read MoreCredence claims: you can’t rely on standards and industry body approval to avoid fines
What are credence claims? One of the priority areas for the ACCC’s enforcement actions is credence claims. The ACCC has told us this, and we can see it from the cases they have taken action against lately. Credence claims are claims and representations made about products or services that they are somehow better, of […]
Read More6 signs that you might be unintentionally misleading your customers
The word spreads quickly when you do something wrong It does not take long for press releases and news, particularly if it is bad, scandalous or involves a famous person or well -known brand, to do the rounds of the mainline press, industry newsletters, blogs and other social media. We saw it last week with the […]
Read MoreHas someone complained about your business?
Small businesses cannot expect to fly under the ACCC’s radar. Managing risk of non compliance with laws, including the Australian Consumer Law (ACL) is something all businesses should be concerned with. The ACCC does not only deal with complaints and enquiries relating to the conduct of large businesses and companies. According to the ACCC’s latest Small Business […]
Read MoreThe real costs of cheap goods
Whether its cosmetics or electrical goods, suppliers have a responsibility for consumer protection and consumers have a responsibility for their own protection. Counterfeit make-up causing injury The NSW Department of Fair Trading has been investigating and following up on complaints about counterfeit MAC branded make-up products being sold in Sydney which […]
Read More7 things sellers can do to reduce the risks of their goods killing or injuring their customers
The news today reported a tragic story of a woman who was found dead holding a lap top and with head phones in place. She had burns to her ears and chest. Although investigations are still being carried out, she is suspected of having been electrocuted because of faulty and non-compliant USB –style charger attached to […]
Read MoreWhat can companies learn from GM’s recall debacle?
15 senior GM employees lost their jobs over delaying the recall of faulty cars Failing to act urgently to recall faulty products last week led to General Motors sacking 15 employees, mostly in senior and executive legal and engineering roles and disciplining 5 others. They failed to act an ongoing problem with the ignition switches in a number […]
Read MoreTrade Mark rights and Consumer Protection aren’t always congruent
Trade mark rights and consumer protection can mean different things. This is the story of a boutique brewery that developed a beer recipe and licensed the recipe and associated trade marks to a large brewery. It is not a story of competition between the two but of a business arrangement. The ACCC doesn’t like […]
Read MoreSelling goods online- 3 things sellers need to be aware of to avoid paying big fines
Almost every day there is an article or media release about companies that have allegedly breached laws that protect consumers. Mostly they don’t intend to hurt their customers. (I hope not anyway!!) Buying electrical and other goods online is becoming more common with new sellers popping up every day. Here’s a warning that they […]
Read More4 reasons why you need to know what your salespeople are saying
Employers are liable for things that their employees say to customers. The company can be found to have breached the Australian Consumer Law (“ACL”) even if an employee doesn’t intend to do wrong or doesn’t know what they are doing is a breach. Here are 4 common things that can get the company into trouble […]
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