ACCC institutes proceedings against PB Supplies Pty Ltd and Postage Meter Supplies Pty Ltd

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against two suppliers of consumables for franking machines and postage meters.

The directors of the companies along with key management personnel have also been included in the proceedings.

The ACCC alleges that PB Supplies Pty Ltd and Postage Meter Supplies Pty Ltd represented that they were an authorised representative of Pitney Bowes Australia Ltd, when in fact they were not.

The ACCC further alleges that PB Supplies and Postage Meter Supplies represented that the ink cartridges they supplied were genuine Pitney Bowes cartridges and contained fluorescent ink in accordance with Australia Post standards, when in fact they did not.

The ACCC also alleges that PB Supplies and Postage Meter Supplies have sent franking machine consumables to consumers and demanded payment in the absence of an order having been placed by the consumer.

The ACCC alleges that PB Supplies and Postage Meter Supplies have engaged in conduct in breach of sections 52, 53 and 64 of the Trade Practices Act 1974.

The ACCC also alleges that PB Supplies Director, Mohamad Homsi, Postage Meter Supplies Director, Jodie Homsi and managers of both PB Supplies and Postage MeterSupplies, Mahmoud Matar and Majed Homsi, were all knowingly concerned in the conduct.

The ACCC seeks various orders including declarations, injunctions, costs and an order that PB Supplies and Postage Meter Supplies write to all of their customers informing them of their conduct. 

The first directions hearing is scheduled in the Fast Track list on 24 May 2010 at 9.30 a.m.