By knowing your consumer rights, you can approach businesses to resolve your concerns with more confidence. The three steps discussed below can help you.
If you are unsure of your consumer rights and what businesses are required to do under the law or you have a serious concern that requires urgent attention, call our Infocentre on 1300 302 502 or contact your local state or territory office of fair trading (see also Help the ACCC help consumers).
Step 1. Call or visit the business
Phone or visit the business to explain your concerns and the outcome you want (e.g. a refund or exchange).
Have copies of receipts or contracts handy in case you have to prove where you bought the goods or to refer to any conditions attached to the sale.
Be clear, persistent, calm and polite.
Make a note of all phone calls and visits with the business, including the name of the person you spoke to and the date.
Make a written complaint to the business outlining your concerns.
Address your letter or email to the manager or the company's head office.
Explain what you are complaining about and the outcome you want (as in step 1).
Ask for a response from the business within two weeks—remember to date letters and include your contact details.
Include copies of supporting information (such as receipts or advertisements)—keep originals and copies of any letters or emails you send. See writing a complaint letter for more information.
If steps 1 and 2 still don't work, move onto step 3.
If you are still having difficulty resolving a complaint with a business or you think a business may be breaking the consumer protection and fair trading laws, you should contact our Infocentre on 1300 302 502 or lodge an electronic complaint or inquiry form.
If we cannot help you, we can provide you with contact details for the most appropriate agency to assist you.
Give you information about your consumer rights and obligations.
Suggest possible courses of action you might take.
Suggest the right agency to complain to if we cannot help you.
Provide a range of consumer information materials so you can learn more about your consumer rights.
Investigate business conduct occurring nationally or across state borders.
Complaints about local traders may be more appropriately dealt with by state and territory offices of fair trading (please refer to the consumer and business directory for details of your local office of fair trading).
Give legal or professional advice, or tell you how many or what type of complaints we have received about a company.
Become involved in private contractual disputes on behalf of consumers (e.g. those concerning warranty claims).
Investigate misleading or deceptive conduct in financial services—these complaints should be directed to the Australian Securities and Investments Commission. ASIC's booklet, You can complain, contains detailed information about resolving disputes with financial service providers. You can download a copy of this brochure from ASIC's consumer website, FIDO, or order a printed brochure by calling ASIC's Infoline on 1300 300 630.
If we are unable to help you, a number of other options are available. The best place to go will depend on your circumstances. Our Infocentre can suggest the most appropriate government department, industry ombudsman or dispute resolution scheme to help you, or you can search our Consumer & business directory yourself. There is a link to the directory in the menu on the left. You can also refer to our brochure, Know how to complain: stand up for your consumer rights.
Industry ombudsman and other dispute resolution schemes
Some industries—including the telecommunications, financial services, energy, water and insurance industries—provide free complaints services through an ombudsman or an independent dispute resolution scheme.
You may be entitled to take your complaint to the small claims court or tribunal in your state or territory. Consider getting independent legal advice (e.g. from a community legal centre or legal aid office) about whether this option is available and suits your circumstances.
For disputes involving large amounts of money, you may be able to take private legal or court action under the Trade Practices Act or other laws. Make sure that you get independent legal advice first as legal action can be expensive and there is no guarantee that you will be successful.
