The Australian Competition and Consumer Commission today released a consumer checklist for goods or services purchased and possibly affected by the Y2K problem.
ACCC Acting Chairman, Mr Rod Shogren, explained the procedure:
Step 1 Be informed
"First, you need to be sure that the Y2K problem is really the cause of your problem. You should be able to get information to determine whether or not your good or service has been affected by the Y2K problem by approaching the supplier or the manufacturer.
"Alternatively, you can consult Y2K brochures produced by Commonwealth, State or Territory agencies, which list goods that are likely to be affected by the Y2K problem.
Contact numbers for State or Territory fair trading agencies are listed at the back of this media release. The Office of Government On-Line's Y2K brochure "You and the Millennium Bug" lists household appliances and other services that may be affected by the Y2K problem.
Step 2 Approach the supplier or manufacturer
"Once you are fairly sure that you have a Y2K problem you should approach the supplier or manufacturer of the good or service to resolve your problem".
Mr Shogren explained that, as a consumer, you may be entitled to certain rights if: you think you have been misled about the Y2K compliance of a good or service; you think you have been misled about the performance or nature of a good or service that claimed it would fix the Y2K problem; or you think that the Y2K problem affects the performance of the good so that it no longer performs its intended function.
"If the good is one which should reasonably be Y2K compliant, then you may be entitled to repair, replacement or refund. The result in any particular case will depend on a number of circumstances, such as the age of the good or service.
"If you are misled as to Y2K compliance, you may be entitled to compensation for some losses you have suffered, eg, the loss in the value of the good, now that it does not perform as it did prior to 1 January 2000. However, you may have to replace old or otherwise outdated goods at your own cost.
Negotiations for repair, replacement or refund are more likely to be successful if you have proof of purchase, a description of the goods' performance before and after
1 January 2000 and a clear idea of the resolution that you are seeking.
Step 3 Unable to resolve the matter with the supplier or manufacturer?
"If you are unable to resolve your problem with the supplier or manufacturer you may be able to approach a consumer complaint resolution scheme, or an appropriate Ombudsman scheme such as the Banking Ombudsman or the Telecommunications Industry Ombudsman.
"If these methods are unsuccessful you should contact your local fair trading agency, the ACCC or the Australian Securities and Investments Commission.
"To assist these agencies in handling your Y2K complaint, it would be useful if you had the following information: the nature of the alleged Y2K problem and whether it had been looked at by the supplier or manufacturer; any proof of purchase; whether the supplier or manufacturer made any representations about Y2K compliance at the point of purchase.
"In general, a fair trading agency will be able to explain your legal rights and suggest other action you may be able to take".
List of Commonwealth and state and territory fair trading and consumer protection bodies
Office of Government On-Line, Y2K Hotline website
Australian Competition and Consumer Commission Tel: (02) 6243 1111 - website: www.accc.gov.au
Australian Securities and Investments Commission Tel: 1300 300 630 - website: www.asic.gov.au (for problems involving financial services except credit)
Australian Capital Territory Consumer Affairs Bureau Tel: (02) 6207 0400
New South Wales Department of Fair Trading Y2K enquiries: 13 32 20
Queensland Office of Fair Trading Tel: (07) 3246 1500
Northern Territory Office of Consumer Affairs and Fair Trading Tel: (08) 8999 5184
South Australian Office of Consumer and Business Affairs Tel: (08) 8204 9777 and 13 18 82
Victorian Office of Fair Trading and Business Affairs Tel: 1800 656 393
Western Australian Ministry of Fair Trading Tel: 1300 304 054
Tasmanian Office of Consumer Affairs and Fair Trading Tel: 1300 654 499
Banking Ombudsman Tel: 1800 337 444
Telecommunications Industry Ombudsman Tel: 1800 062 058
Insurance Enquiries and Complaints Limited Tel: 1300 363 683