Consumer protection

Consumers International Global Congress; Nairobi, Kenya 06-08 December 2023; Building a resilient future for consumers; supporting partners COMESA Competition Commission and Competition Authority of Kenya

Today the Congress was abuzz with passionate consumer advocates, experts and regulators taking a deep dive into everything from scams and AI to greenwashing and digital wallets. But at the heart of so many discussions today was the value of and the critical need to collaborate. It was recognised that collaboration both within and across borders is needed to help raise the voices on key issues impacting consumers and to learn from one another. Below are some of the highlights from Day 2!

Read More C is for Collaboration – Day 2 of Consumers International Global Congress

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“The next steps in our continuing scrutiny of these important parts of the online economy include developing strong guidelines for online operators so they clearly know what we expect, before a renewed focus on enforcement,” ACCC Acting Chair Catriona Lowe said.

“Influencers and businesses need to review their practices and improve compliance with the Australian Consumer Law to ensure consumers can trust the information they find online.”

Of the 118 social media influencers reviewed in the ACCC’s influencer sweep, 81 per cent were found to be making posts that raised concerns under the Australian Consumer Law for potentially misleading advertising.

Read More Scrutiny of Influencers and Businesses Over Online Reviews and Misleading Advertising Continues

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Telstra has paid a $3,010,320 penalty and refunded over $17.7 million to thousands of customers after charging them for inactive internet services over an 11-year period. A further $3.4 million is to be refunded by the end of the year.

An Australian Communications and Media Authority (ACMA) investigation found that 6,532 customers, the majority of whom were small businesses, were wrongly billed by Telstra an average of around $2,600 between April 2012 and August 2023.

ACMA Chair Nerida O’Loughlin said the ACMA has lost patience with Telstra after this series of significant billing errors.

Read More Telstra to Pay $24 million in Penalties and Refunds for Inaccurate Billing

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New research from CHOICE has revealed 65% of people don’t trust businesses to use their data responsibly and in their best interest –  an increase of 25% from 2022. 

“It’s no surprise more people don’t trust companies to use their data responsibly. Over the past year we’ve seen the terrible consequences data breaches can have for those affected by them, including at Medibank and Latitude,” says Senior Campaigns and Policy Advisor Rafi Alam.

Read More 65% of People Don’t Trust Business to Use Their Data Responsibly: CHOICE

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ASIC Commissioner Simone Constant said, ‘ASIC has taken multiple actions to protect retail investors from high risk offers and business practices that may be unfair, inappropriate or result in poor outcomes. Our more proactive approach to identifying and disrupting emerging risks and harms is in response to the rapid pace of change we have observed in recent years. Today’s report and our recent consumer warning campaign are reflective of this.

Read More ASIC Report Released on Online Trading Providers and Increased Risk to Retail Investors

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New mandatory industry codes are being developed by the Australian Government to outline the responsibilities of the private sector in relation to scam activity, with a focus on banks, digital communications platforms, and telecommunications providers. A short survey is also available for members of the public who wish to participate in the consultation process and provide information about their experience with scams, rather than provide a written submission.

You can read the Consultation Paper and how to make submissions here. Submissions are due by 29 January 2024.

Read More Have Your Say on the Scams Mandatory Industry Code Survey

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The total penalties, ordered by the Federal Court, are the highest imposed for resale price maintenance in Australia. Resale price maintenance (also known as RPM) occurs when a supplier of goods specifies a minimum price below which a reseller must not supply, offer to supply, advertise, or display those goods for sale.

“The ACCC submitted to the Court that this level of penalty was appropriate given the seriousness, duration and extent of Techtronic’s conduct. It sends a strong signal to deter others from engaging in RPM, and should serve as a warning for all other businesses,” ACCC Deputy Chair Mick Keogh said.

Read More ACCC Applies Record Penalty for “seriousness, duration and extent” of Techtronic’s Retail Price Maintenance

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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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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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“There are a number of gaps in the consumer law when it comes to protecting people from unfair business practices. These gaps leave consumers in Australia vulnerable to all kinds of unfair treatment,” says CHOICE senior policy and campaigns adviser Alex Söderlund.

CPRC CEO Erin Turner says Australian consumers deserve better. 

“Australians are missing out on protections that consumers in other countries have benefited from for decades. We need laws to effectively call out and restrict unfair practices. These laws will mean businesses have to treat you with respect and care.”

Read More Make Unfair Illegal – Consumer Groups Call for Strong New Laws to Close Gaps as New Research on Consumer Knowledge Emerges

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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