The Australian Competition and Consumer Commission has instituted proceedings against BAJV Pty Ltd, trading as Europcar in Tasmania, alleging misleading and deceptive conduct and unconscionable conduct in relation to hire vehicle damage charges.
The ACCC alleges that BAJV overcharged customers for damage sustained to its hire vehicles and subsequently did not refund customers the overcharged amounts.
The ACCC also alleges that BAJV managing director, Brendon Ayers, and fleet controller, Teressa Carr, were involved in the alleged conduct of BAJV concerning overcharging on hire vehicle damage.
The ACCC is seeking declarations that BAJV and senior managers Mr Ayers and Ms Carr contravened the Trade Practices Act 1974 and the Australian Consumer Law, and is seeking:
- injunctions
- pecuniary penalties
- corrective notices
- an order that BAJV engage an independent auditor to review its customer files to identify overcharged customers
- an order that BAJV notify overcharged customers identified by an independent auditor
- orders that BAJV and Mr Ayers compensate overcharged customers identified by an independent auditor
- costs, and
- an order that BAJV establish and maintain a trade practices compliance program.
A directions hearing has been scheduled before Justice Marshall at 10am on Friday 16 December 2011 in the Federal Court in Hobart.