Unfair Practices

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The Senate has established a Select Committee on Supermarket Prices, to inquire into and report on the price setting practices and market power of major supermarkets.

The committee is seeking submissions that address the terms of reference by Friday, 2 February 2024 and the committee’s final report is due by 7 May 2024.

Read More Submissions Open for Senate Inquiry into Supermarket Prices

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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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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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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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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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“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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“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