Unsolicited supplies

What are unsolicited supplies?

When you receive goods or services that you have not requested, this is called 'unsolicited supply'.

It is unlawful for businesses to request payment for goods or services that you have not ordered.

If you receive unsolicited goods or services

• you are not required to pay for the goods or services
• you are not liable for any loss or damage resulting from a supply of unsolicited services
• the business may recover the goods within three months from the day after you received the goods
• if you advise the business in writing that you do not want the goods, then the business has one month to recover the goods
• you cannot unreasonably refuse to allow the supplier to recover the goods
• you may be liable to pay compensation if you wilfully damage the goods during this period.

If the supplier does not collect the unsolicited goods within the timeframes you can keep the goods with no obligation to pay.

You are not entitled to keep the goods if the goods were not intended for you (e.g. the packaging was clearly addressed to another person).

 

Michelle arranges for a car repairer to replace the muffler on her car. When Michelle returns to collect the car the repairer says the tyres and brake pads also needed replacing, so he made the replacements and added an extra $1200 to the bill. The work done in addition to replacing the muffler would be considered unsolicited and Michelle is not liable to make any payment for this.  If the repairer had phoned Michelle for authorisation to replace the tyres and brake pads and she agreed, then these components would not have been unsolicited.

Unsolicited credit or debit cards

A business must not send you an unsolicited debit card or credit card (including store-branded credit cards) unless:

• you have requested the card in writing; or
• the card is a replacement, renewal or substitution for a card previously issued as requested by the cardholder.

An item is considered to be a credit card if it is intended to be used to obtain cash, goods or services on credit (e.g. store-branded credit cards and store account cards).

An item is considered to be a debit card if it is intended to be used to access an account held by the consumer for the purpose of withdrawing or depositing cash or obtaining goods or services.

If you have a credit card, a business must not enable the card to also be used as a debit card, or vice-versa, unless you specifically request this in writing. 

You can read more information about unsolicited credit and debit cards in the 'Borrowing & credit' section of ASIC's MoneySmart website at http://www.moneysmart.gov.au/borrowing-and-credit 

Unauthorised entries or advertisements

A businesses cannot demand payment for an unauthorised entry or advertisement about a person or their profession, business, trade or occupation.

There must first be signed written permission that authorises the advertisement and includes the specific details that will be in the advertisement such as name and address of the person publishing the entry and the charges that will apply.

Next steps

If you need further information you can contact the ACCC on 1300 302 502 or your local consumer protection agency.  They can explain your consumer rights and options. Your local consumer protection agency may also be able to conciliate (help you negotiate with the seller).