Mondaq Australia: Consumer Protection
The ACCC took enforcement action against standard form consumer contract terms which were unfair and unenforceable.
The ACCC recently instituted proceedings based solely on alleged breaches of the unfair contracts provisions of the ACL.
All standard form consumer contracts should be reviewed to ensure that they comply with the ACL unfair contract terms.
One of the key focus areas for the ACCC this year is to ensure that businesses comply with the Australian Consumer Law.
Only two cases have been reported in Australia since the law on unfair contract terms came into effect on 1 July 2010.
Since the ACCC identified consumer guarantees as an area of priority, they have commenced numerous enforcement actions.
The ACCC has published guidance on its use of infringement notices issued under the Competition and Consumer Act 2010.
This article discusses recent cases in which the ACCC has claimed misleading and deceptive advertising and marketing.
In a recent case, a company director and employee were penalised for engaging in conduct known
as "blowing".
The overall impact of an advertisement and not its dominant message must be considered when determining if it is misleading.
Will Australia be returning to a simple statutory prohibition against "misleading and deceptive
conduct"?
Business need to be very aware of the proactive stance taken by the ACCC in prosecuting misleading representations.
A draft Credit Reporting Code of Conduct was recently released for public consultation, with comments due by 5 May 2013.
The article discusses the key concerns in the report and explains the impact that its findings will have on businesses.
The ACCC recently released their findings its report "Unfair contract terms – industry review outcomes".
The ACCC's period of grace concerning the use of unfair contract terms in standard form consumer contracts is over.
The ACCC has released the findings of its iindustry review into unfair contract terms.
The ACCC has published a report highlighting the outcomes of it's unfair contract terms review.
Google merely passed on information provided from the advertiser so was not engaging in misleading or deceptive conduct.
The ACCC has signalled its intention to take action against businesses whose standard form contracts contain unfair terms.
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In a recent case, a company director and employee were penalised for engaging in conduct known
as "blowing".
This article discusses recent cases in which the ACCC has claimed misleading and deceptive advertising and marketing.
Only two cases have been reported in Australia since the law on unfair contract terms came into effect on 1 July 2010.
The article discusses the key concerns in the report and explains the impact that its findings will have on businesses.
A recent case raises (again) the ongoing euthanasia debate in Australia.
Clients should note amendments to the National Credit Code and the National Credit Act taking effect from 1 March 2013.
Loyalty or fidelity rebates based on volume of customer requirements can have an effect on competition in the market.
Deferral of the abolition of the duty may be deemed necessary to fund a deal to implement the Gonski education reforms.
The Disability sector and schools are the winners from this budget, with funding of Disability Care and Gonski reforms.
Since the ACCC identified consumer guarantees as an area of priority, they have commenced numerous enforcement actions.
