Consumer Law

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The Full Court has upheld ASIC’s appeal in its case against ACBF Funeral Plans Pty Ltd (ACBF) and Youpla Group Pty Ltd (Youpla), finding that funeral expenses insurance provider ACBF misrepresented to Aboriginal consumers that it was Aboriginal owned or managed when that was not the case.
[T]he Court found that, on the evidence, it is ‘abundantly clear … that the Aboriginal Ownership/Management Representation is false.’

Read More Full Court Finding Supports First Nations’ and ASIC Allegations of ACBF/Youpla Misrepresentation

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When was the last time you were certain that your data wasn’t being collected, shared, tracked or used in unfair business practices? A recently released joint research report from the Consumer Policy Research Centre (CPRC) and the University of New South Wales (UNSW) ‘Singled Out: Consumer understanding – and misunderstanding – of data broking, data…

Read More No Say, No Knowledge, No Control: Personal Data in Australia

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A coalition of advocacy groups, including Consumer Action Law Centre, CHOICE and the Australian Communications Consumer Action Network, have come out forcefully stating that customer reimbursement, paid for by industry through a customer’s own bank, must be at the centre of the Federal Government’s proposed new scam laws. The advocates say the new laws must be urgently implemented by the end of this year to stop the billions of dollars that are being lost by Australians every year to scammers.

Read More Industry Liability the Clear Path to Scam Reform

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[T]he research commissioned by the Competition Review Taskforce now provides clear evidence in support of merger reform, strengthening the ACCC’s confidence in its recommendations.

The research demonstrates that an estimated 1000-1500 mergers occur in Australia each year. Only  about 330 are notified to the ACCC under the existing voluntary merger regime.

About half of the 1000-1500 mergers are made by the largest one per cent of businesses.

Read More ACCC: Urgent Need for Merger Law Reform

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Enforcement Technology, also known as EnfTech, is technology used in any enforcement capacity for investigation, preventative measures, surveillance, remedies and/or sanctions and there could be a vital role for EnfTech to play in consumer protection. With the advent of the global digital market as the new norm for most consumers the need for consumer protection…

Read More Enforcement Technology and Consumer Protection

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“We shouldn’t have a process that is prey to legal brinkmanship, with all the uncertainty and expense that entails,” Ms Cass-Gottlieb said.

“Consumers, small businesses and farmers will benefit from the ACCC reforms, which will include high levels of transparency and provide certainty. But we also believe that companies and other businesses concerned about their suppliers, customers or rivals merging will also benefit.”

Read More Merger Reform Key to Competition and Quality

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A new survey of almost 9000 supporters from consumer group CHOICE has found 40% of respondents had a flight cancelled or delayed in the past 12 months. 

“As we head into the Christmas season, a huge number of people will be relying on flights to visit family and friends. Unfortunately, our survey of almost 9000 people from across the country has found consumers still face a number of difficulties when dealing with the aviation industry,” says CHOICE Senior Campaigns and Policy Advisor, Bea Sherwood.

Read More Consumer Groups Call for New Passenger Rights for Flyers as Delays and Cancellations Continue

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The 2023 Australian Consumer Survey has just been released and the figures are interesting, with a little over half of all purchases in Australia are now made online compared to 23% in 2016. The concerns of consumers also reflects this online trend as consumers making online international purchases are often unsure about the application of Australian Consumer Law (ACL), and as more and more people are targeted by, and are concerned about, scams.

Read More Consumer Thoughts: 2023 Australian Consumer Survey Released

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The Australian Financial Complaints Authority (AFCA) has published its Responsible Lending Approach, documenting for financial firms and consumers the way it considers complaints in this area.

The Approach was developed in response to calls from stakeholders to provide greater clarity around AFCA’s existing approach and to ensure consistency in AFCA complaint outcomes in these complex areas.

Read More AFCA’s Approach to Responsible Lending

GLOBAL STATEMENT Stopping Online Scams Consumers International Congress 2023

As part of the 2023 Global Congress, Consumers International and members have launched a Global Statement to Stop Online Scams. As a member of Consumers International and as a consumer advocacy organisation, the Consumers’ Federation of Australia strongly supports this call to stop online scams. As Australia’s representative to Consumers International, CHOICE is a signature…

Read More CFA Supports Global Anti-Scam Statement and Coalition

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This report documents the nature of some of the more troubling consumer manipulation practices currently occurring in Australia. It explores how targeted advertising affects people who gamble, consume alcohol, are experiencing financial stress, and how it affects children and young people. Each case study describes potential consumer harm and rights violations and goes on to include evidence from the ‘Xandr File’ about the nature of data that is routinely traded for targeted advertising about each of these groups.

A brave, bold and strong response to this issue is necessary, and long overdue. 
A wide range of measures could be implemented to curb this practice

Foreword co-signed by Reset, CHOICE, and CPRC

Read More Report Released, “Australians for Sale: Targeted Advertising, Data Brokering and Consumer Manipulation”

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Yesterday, the High Court unanimously ruled in favour of the passengers. In so doing, it put companies doing business in Australia on notice that Australia’s consumer protection laws apply both inside and outside the country’s borders.

It decided the class action waiver was unfair to the passengers. This was because Australian consumer law prohibits unfair consumer contracts and because the express terms of that law apply to companies doing business in Australia, regardless of whether they are headquartered in Australia or overseas.

As the High Court explained, a price of a company doing business in Australia is that it must adhere to Australia’s consumer protection laws.

Read More T’s & C’s In and Out of Australia