Super A-Mart is a furniture retailer, with 24 stores across Queensland, New South Wales and Western Australia. It regularly promotes its sales via catalogues, television and radio advertisements.
Some of Super A-Mart’s advertisements in 2007 contained representations which were qualified by fine print disclaimers which were not sufficiently prominent and were too imprecise to adequately qualify the representations.
The ACCC considers Super A-Mart’s conduct may constitute misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act. Super A-Mart admits the conduct and acknowledges the ACCC’s concerns.
Super A-Mart provided undertakings that it will:
clearly label display stock as not for sale
review the size of symbols used in its catalogues (such as asterisks) which are intended to refer consumers to qualifying terms and conditions located elsewhere in the catalogue
review the wording used in disclaimers (written and oral)
display public notices in store and on its website
review and, if necessary, improve its internal Catalogue Review Process and TV and Radio Advertisement Review Process, to increase the accuracy and consistency of its advertising
implement a Trade Practices Compliance Program, including Trade Practices training.
