Misleading conduct Archives - Consumers' Federation of Australia

12 June , 2024

Consumer Protection Warns Against ‘predatory’ Studio Photographers

The number of consumer complaints in Western Australia relating to studio photography businesses has risen sharply in 2024, prompting Consumer Protection to issue a warning. Last year, eight complaints were received, with similar numbers seen in 2022. Eight complaints have already been received this year with issues raised including potential misleading and deceptive conduct, harassment…

21 May , 2024

Latest ACCC report finds consumers lack visibility and choice over data collection practices

Consumers generate data in almost all aspects of their lives as many activities that were once anonymous are now subject to detailed data collection, such as restaurants that require customers to order via a QR code and input personal details. The latest Digital Platform Services Inquiry report published today, highlights that consumers are generally unaware how much…

6 May , 2024

Compensation for Cancelled Flights Should be the Norm

CHOICE response to announcement Qantas has agreed to pay $120 million to settle ACCCenforcement action. Quotes attributable to Rosie Thomas, Director of Campaigns and Communications at CHOICE: “Qantas agreeing to pay $120 million dollars and admitting it misled consumers after ACCC court action is a significant result. The proposed settlement sends a very clear message…

8 December , 2023

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

“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.

13 October , 2023

ACCC Warns Caravan Industry Over Misleading Representations

The ACCC is putting the caravan industry on notice that the use of misleading representations in advertising is in breach of the Australian Consumer Law and may result in strong enforcement action being taken against retailers.

18 July , 2023

Cigno, BHF Solutions Found to Have Engaged in Unlicensed Conduct

ASIC has been successful in its action against Cigno Pty Ltd (Cigno) and BHF Solutions Pty Ltd (BHF Solutions), with the Federal Court finding that both companies engaged in credit activities without holding an Australian credit licence. ASIC also obtained permanent injunctions against Cigno and BHF Solutions to protect consumers.

The decision follows a series of appeals during the litigation, including an unsuccessful bid by Cigno and BHF Solutions to seek special leave in the High Court in December 2022 (22-360MR).

2 November , 2020

ASIC commences proceedings against ACBF Funeral Plans and Youpla Group concerning funeral expenses insurance

ASIC has commenced proceedings in the Federal Court against ACBF Funeral Plans Pty Ltd (ACBF Funeral Plans) and Youpla Group Pty Ltd (Youpla Group) for alleged contraventions of the ASIC Act. ACBF Funeral Plans, a wholly owned subsidiary of Youpla Group, offered, promoted and sold the Aboriginal Community Funeral Plan (ACF Plan), a funeral expenses…

30 March , 2020

ACCC response to COVID-19 pandemic

The ACCC is highly conscious of the impact COVID-19 is having on Australian consumers and businesses, and has adjusted the focus of its regulatory activities accordingly. Most businesses are facing severe disruption, particularly small businesses, and the future is uncertain for many. The ACCC will factor these circumstances into its consideration of competition matters in…

5 August , 2019

Investigation finds telemarketers pressuring consumers to sign up to NBN

Threats of being disconnected from phone and internet services, loss of phone numbers, and inaccurate information about NBN plans are issues highlighted in the Telecommunications Industry Ombudsman’s latest report: “Misleading telemarketing of NBN services” published Thursday 1 August, 2019. Between January and December 2018, residential consumers and small businesses made 1,729 complaints to the Telecommunications…

3 August , 2018

Consumer rights extend to the grave

Grieving families are increasingly being taken advantage of when planning a funeral, with the number of complaints to NSW Fair Trading jumping to record levels. It prompted a warning from Minister for Better Regulation Matt Kean, who said consumers should know their rights when choosing a funeral package, to avoid dodgy operators who don’t properly…

22 January , 2018

Mobile photography business enters into enforceable undertaking over alleged ACL breach

A Queensland Office of Fair Trading (QOFT) investigation has seen a Gold Coast business enter into an enforceable undertaking for alleged breaches of the Australian Consumer Law (ACL). Between 1 July 2015 and 31 October 2017, Imagine That Photography Pty Ltd, a mobile photography business trading from major shopping centres around Australia, entered into agreements…

8 December , 2016

Doubts about the value of car sale add-ons

Car buyers are being advised to exercise caution before agreeing to purchase ‘after sale add-ons’ and to get multiple quotes before accepting any finance offered by motor vehicle dealers. The advice follows a recent increase in complaints to Consumer Protection about the ‘extras’ sold at the point of sale of a vehicle which can include…