Shop Chat | ACCC individual the authorities tie-up
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Contained in this bumper model, we highlight a number of the key ACCC actions and you may outcomes once the another half of 2023 including specific new proceedings to save in your radar getting 2024.
- Mazda has been bought to blow a $11.5 billion penalty in making not the case otherwise misleading representations so you can nine users exactly who experienced repeated and you can really serious defects making use of their Mazda vehicle within a couple of years out-of pick;
- Airbnb has been bought to invest an effective $fifteen million punishment for misleading people towards currency of pricing they claimed to the the platform, having a unique $15 mil to-be obtainable getting user redress. Airbnb accepted one between , it misled people who the prices having hotel around australia was in Australian dollars in the event the cost had been in fact from inside the Us bucks;
- Fitbit possess accepted in the legal proceeding before the Federal Legal to creating false, misleading or inaccurate representations so you can 58 customers regarding their consumer make certain legal rights to an upgraded otherwise refund away from awry Fitbit products. It integrated informing users which they didn’t have a right in order to an alternative tool given that Fitbit’s a couple of-year ‘assurance period’ got ended;
- Honda has been bought to spend penalties totalling $6 billion once admitting so it generated misleading representations in order to people in regards to the closing of particular former authorised Honda dealerships around australia, which had not actually signed;
- Australian continent Article and you will StarTrack can give as much as $dos.9 million during the compensation in order to its team offer consumers and you may StarTrack birth readers with regards to lost or busted services and products. The latest postal class entered to the a keen enforceable doing to your ACCC after admitting so it probably involved with misleading otherwise inaccurate perform in the way it handled settlement desires;
- the latest ACCC’s began actions against Emma Bed, eHarmony, EnergyAustralia and you can Express On the internet Degree have demostrated the newest ACCC’s went on willingness to help you just take enterprises to court more check here mistaken representations on their other sites and you can social network networks;
- the fresh ACCC possess approved violation sees or acknowledged courtroom enforceable efforts of several companies, proving the lingering use of these types of enforcement tools to address thought contraventions of ACL – this was seen in the latest present Crusader Caravans, Delicia Franchising, Riff raff, Dogs Circle and Stellantis issues; and
- the newest ACCC has actually acknowledged their first management lead in terms of greenwashing carry out – a legal enforceable undertaking – following the an investigation with the MOO’s “100% ocean plastic material” representations.
The Government Courtroom pushes the issue house – Mazda penalised $eleven.5 billion to own untrue and you will misleading representations on the consumer guarantees
On , brand new Government Legal ordered Mazda Australia Pty Ltd (Mazda) to expend $eleven.5 million from inside the punishment to own stepping into misleading or inaccurate make and you may and work out untrue or misleading representations in order to nine people regarding their user verify legal rights.
Anywhere between 2013 and you can 2017, 9 users educated repeated and you can really serious defects with their Mazda auto in this 24 months of buy. Whenever such consumers questioned a refund otherwise an alternative automobile, Mazda portrayed that just remedies available was indeed a vehicle repair, a limited reimburse of the automobile’s cost otherwise an alternative vehicle (towards status the customer generated a significant fee and you will got currently tried to repair the vehicle multiple times).
Since all of our history enforcement tie-upwards, the newest ACCC provides remaining active to your consumer legislation side, issuing violation observes, taking judge enforceable undertakings and you may instituting legal proceeding for much more severe conduct
On , the newest Government Legal passed down the accountability decision discovering that Mazda had generated forty-two incorrect representations into the contravention out of sections 18 and you will 29(1)(m) of one’s Australian Individual Laws (ACL). The newest false representations was indeed split up into a couple groups:
- those individuals concerning existence or effect of the user claims; and you can
