Fighting for entitlements,
Are you aware of your rights and responsibilities as a provider of goods and services under the new Australian Consumer Law?
The Competition and Consumer Act 2010 and Australian Consumer Law (replace the Trade Practices Act from 1 January 2011) represent a consolidation and timely update of consumers rights and the ever increasing onus on suppliers of goods and services to be aware of these rights and their own responsibility as providers of goods and services. A brief chronology of the reforms is as follows:
The ACCC has published on its website the following very useful information:
The ACCC has more recently (since the reforms) been concentrating on the following subject matter:
It should also be noted that the ACCC is now more likely to include a claim against Directors particularly sole Directors for being knowingly concerned in false and misleading conduct.
Retail price maintenance remains of significant concern and particular attention is now being paid by the ACCC to on-line traders. One such matter involved Dragon Alliance South Pacific attempting to restrict on-line retailers from selling its wares below specified prices. The ACCC was able to obtain undertakings in respect of the offending conduct.
Another area that has attracted the attention of the ACCC though with mixed results relates to Google's sponsored links. The ACCC has alleged Google engaged in misleading and deceptive conduct by not adequately distinguishing sponsored links as advertisements rather than just search results. The ACCC was successful in prosecuting the advertiser, in this instance "The Trading Post". The Federal Court found "The Trading Post" had engaged in misleading and deceptive conduct under the Act but not Google and that it was merely communicating the representations without adopting them. The ACCC has appealed. We urge our clients to maintain their awareness of Australian Consumer Law and the level of protection it now affords Australian consumers.
If you have any queries relating to this content please contact Tim Finemore email@example.com.Back to Past articles
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