Unfair contracts Archives - Consumers' Federation of Australia

18 April , 2024

Global Campaign for Transparent Digital Finance Launches

This week Consumers International launched a global campaign for transparent digital finance. Poor transparency has long been a problem in financial services, but now more than ever there are billions of consumers (1) using banks and other financial services and (2) using or connecting to these financial services digitally. Over mounting concern on both digital…

15 April , 2024

The 2024 Ruby Hutchison Memorial Lecture – 50 Years of Consumer Advocacy

This year’s Ruby Hutchison Memorial lecture shone a light on just how much the consumer protection movement together with regulators has achieved in the last 50 years, and the complex consumer issues we’re still seeking answers to today. Bringing in a musical theme and recognising the rockstar influence of the speakers, the ACCC Deputy Chair…

25 March , 2024

“Irresponsible” Car Loans on a “broader scale”: Consumers and advocates speak out against Money3 as ASIC sues over alleged breaches

Need to know Financial counsellors are sounding the alarm about an “irresponsible” car loan provider targeting people on low incomes. These consumer advocates say Money3 Loans is failing to properly assess whether its customers can pay off the loans, and is charging exorbitant interest rates on top of that. Last year the Australian Securities and…

11 December , 2023

T’s & C’s In and Out of Australia

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.

1 December , 2023

Non-Disclosure Agreements, Unfair Contracts and Consumer Rights

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.”

10 November , 2023

Unfair Contract Terms Banned

The Albanese Government’s additional protections for small businesses and consumers take effect today outlawing unfair contract terms to help level the playing field in negotiations between big corporations and both small businesses and consumers.

10 November , 2023

Class Action Launched in Federal Court Against Pawnbroker ‘Taylors Business’

Consumer Action Law Centre (Consumer Action) has filed a class action in the Federal Court of Australia against Taylors Business Pty Ltd. The lead plaintiff, a Victorian woman, represents herself and a group of Taylors Business customers who pawned goods of value to them, but can no longer access their goods because the business has been shut down. Consumer Action became involved when we had a spike of enquiries to our frontlines from affected customers, many distraught at the prospect of losing their items.

21 September , 2023

Calls for Independent Inquiry into Super Insurance Gaps

Research conducted by CHOICE in 2022 found many Australians aren’t aware of what insurance they have through their super. Only 54% of respondents knew how much they paid for insurance, and just 51% knew what situations their super insurance covered.

18 September , 2023

ACCC Urges Businesses to Remove Unfair Contract Term

“The test for whether a contract term is unfair has not changed. However, businesses now could potentially face substantial penalties for contravening the law. This will better protect consumers and small businesses who have limited bargaining power, expertise, and ability to negotiate or assess standard form contracts,”

1 September , 2023

Consumer Groups Advocate for Change as Consultations Open on Unfair Trading Practices

Almost a year after state and territory consumer ministers agreed to open consultation on options to address the gap in Australian Consumer Law (ACL) around unfair trading practices, Treasury has released a Consultation Regulation Impact Statement (CRIS) and given stakeholders 91 days to respond starting 31st August and ending 29th November 2023.

1 November , 2022

ACCC welcomes new penalties and expansion of the unfair contract terms laws

Companies that breach the competition and consumer laws could face new and higher penalties under legal changes which passed Parliament last week. The changes consist of two parts; the introduction of penalties and other changes relating to unfair contract terms, and significant increases in maximum penalties for breaches of certain provisions of the Competition and…

26 October , 2022

Consumer Affairs Ministers meet in Adelaide in September 2022

The recent Commonwealth, State and Territory Consumer Affairs Ministers meeting in Adelaide saw a renewed commitment to collaboration across borders and to strengthen consumer protections. Ministers attending the meeting, chaired by South Australian Minister for Consumer Affairs Andrea Michaels, discussed and agreed on priorities for future work, which include: legislation to make unfair contract terms…