The Australian Competition and Consumer Commission instituted proceedings in the Federal Court, Sydney against Adepto Publications Pty Ltd.
The ACCC has alleged that between 2007 and 2010, Adepto demanded payment from Australian businesses for unsolicited advertisements in its publications, in breach of the Trade Practices Act 1974. The alleged practice is colloquially known as "blowing".
Adepto's publications include:
- The National Emergency Relief Guide
- The Underprivileged Childrens Guide, and
- The Volunteer Organisations Guide.
The ACCC alleges that representatives of Adepto made unsolicited phone calls to Australian businesses about advertising in one of its publications.
After the call, even if the business did not agree to take out an advertisement, Adepto posted a copy of the advertisement as published in the publication and an invoice seeking payment. If the business did not pay the amount demanded in the invoice, it is alleged that representatives of Adepto made follow-up phone calls to the business demanding payment for the unwanted and unordered advertisement.
The ACCC is seeking relief from the court which includes injunctions restraining Adepto from:
- requesting payment for advertisements in its publications unless it has written confirmation that the consumer wants an advertisement published, and
- from pursuing payment from businesses who have previously been sent an invoice in connection with the publication of an advertisement in its publications.
The matter has been set down for an interlocutory hearing before Justice Cowdroy on Friday, 15 October 2010.