ACCC

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Businesses are trotting them out left and right these days, but it’s not clear who gives them the authority to do that, since you already have a right to the three Rs without promising to keep matters confidential. 

Non-disclosure agreements (NDAs) effectively keep problems with a product or service a secret so other customers can’t know that it has a history of problems.
“The ACCC has made clear that non-disparagement clauses can breach unfair contract terms provisions. 

“Again this comes back to the imbalance of power and information between consumer and business, and why we need strong, enforceable consumer protections.”

Read More Non-Disclosure Agreements, Unfair Contracts and Consumer Rights

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The Proposed Conduct relates to the cooperation between Virgin Australia and Air NZ on trans-Tasman services (on routes that Virgin Australia does not operate), including the ability for Virgin Australia to codeshare on Air NZ operated services which contain pricing provisions that may otherwise trigger the prohibition against resale price maintenance. Cooperation on commercial arrangements between Virgin Australia and Air NZ in relation to frequent flyer programs, lounge access, and joint corporate customer offers are conditional upon these codeshare arrangements.

Closing date for submissions on interim authorisation is 18 December 2023.

Read More Consultation on Virgin Australia and Air New Zealand Trans-Tasman Services

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Online national retailer Riff Raff Baby Pty Ltd has paid penalties of $132,000 after the ACCC issued it with eight infringement notices for allegedly making false or misleading statements about its comforter toys being safe for sleep from birth.

Riff Raff has also provided the ACCC with a court-enforceable undertaking in which it admits that the advertisements for its sleep aid toys were likely to have breached the Australian Consumer Law.

“Based on these advertisements by Riff Raff, parents and caregivers may have thought that these products are safe for babies to sleep next to in an unsupervised sleep environment, when in fact there are serious safety risks. These types of products can cover a baby’s nose and mouth, which can pose a risk of fatal suffocation,” ACCC Deputy Chair, Catriona Lowe said.

Read More Riff Raff Penalised Over Alleged False or Misleading Infant Sleep Aid Toys Ads

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“Making false statements about a product’s environmental or sustainability qualities can mislead consumers, as well as putting the businesses making genuine claims at a competitive disadvantage.”

“It is important that environmental and sustainability claims by businesses are correct as they are a key influence on consumer choices and what people spend their money on,” Ms Carver said.

Read More ACCC Continues Focus on Greenwashing Claims

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The NASC launched in July as part of an $86.5 million package to crackdown on scams. It represents the most cohesive partnership between government and industry to date to protect against these criminals.

While scam losses are still significant, the report shows a 16% decrease in losses compared to the same quarter last year. It also reveals that losses from investment scams have declined by 6%, and romance scam losses have declined by 28%.

The quarter ended with reported scam losses of $29.8 million in September 2023, the lowest losses reported in a single month since October 2021.

Read More A Promising Start as National Anti-Scam Centre Releases its First Report

WHO'S REALLY THERE?

In the past year, according to figures released by the National Anti Scam Centre (NASC), over 81,000 reports of scams have been made and $92 million stolen. Of those scams, 3 in 4 were impersonation scams where criminals pretended to be someone known and trusted such as a family member, government institution, road toll company or bank. Out of these, bank imitation scams caused the highest monetary losses.

Read More Scams Awareness Week 2023

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“It is important that we remain focused on progressing reforms to the Australian Consumer Law to strengthen protections for consumers and small business and improve consumer confidence.”

“The agreed priorities for 2024 build on the important enhancements to consumer protections that have been delivered in 2023, such as strengthening Unfair Contract Term Protections, increasing penalties for breaches of the competition and consumer laws, and establishing the National Anti-Scam Centre.”

Read More Consumer Affairs Ministers Agree on 2024 Priorities

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Digital platforms with significant market power can use practices like bundling or tying of products, pre-installation and default settings to limit customer choice or deter innovation from competitors.
“Australians increasingly use digital platforms for work, study and play and can benefit from their wide range of interconnected products and services. While the size and scale of digital platforms alone does not raise concern, there is a risk that this expansion may be driven by a desire from digital platforms to entrench or extend their market power,” Ms Cass-Gottlieb said.

Read More Expansion of Digital Platforms Demonstrates “critical need for regulatory reform”

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A few days ago, on November 20th 2023 the Albanese Government’s Competition Taskforce released a Consultation Review on Australia’s laws and practices surrounding mergers. Below is information from the Treasury website on the consultation paper as well as how to make a submission and what to include. The Treasurer has also issued a media release on the consultation which is available here. Submissions for the merger consultation paper close on January 19th 2024.

Read More Submissions Open for Consultation Paper on Merger Reform

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Original media release by the ACCC (20/11/2023). Consumers are being warned to watch out for scam websites impersonating high-profile Australian retailers when shopping online this Black Friday, Cyber Monday sale weekend (24-27 November 2023). The National Anti-Scam Centre has detected a concerning increase in the number of reports of fake websites that look like genuine…

Read More Be Alert – ACCC Warns Consumers og Online Retail Impersonnation for the Black Friday Sales

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Original media release by the ACCC (20/11/2023). Following a recommendation by the ACCC, the Assistant Treasurer, the Hon. Stephen Jones, has today issued a national safety warning notice to warn consumers of fire risks associated with recalled LG solar lithium-ion batteries which are installed in solar energy systems across the country. The safety warning notice was issued…

Read More National Safety Notice Issued for Recalled LG Solar Batteries