Have you ever received an unwanted product or service, credit card or listing? Know your rights when you are charged for something you didn’t ask for.
When you receive products or services that you have not requested, this is called an 'unsolicited supply'.
If you receive unsolicited products or services:
- you are not required to pay for the products or services
- you are not liable for any loss or damage resulting from a supply of unsolicited services
- if you contact the business in writing, expressing that you do not want the products, then the business should recover the products within one month
- if you don’t contact the business, then the business may recover the products within three months from the day after you received the products
- you cannot unreasonably refuse to allow the supplier to recover the products
- you may be liable to pay compensation if you wilfully damage the products during this period.
If the supplier does not collect the unsolicited products within the above timeframes, you can keep the products with no obligation to pay.
You are not entitled to keep the products if the products were not intended for you, for example, the packaging was clearly addressed to another person.
A business must not send you a debit card or credit card (including store-branded credit cards) unless:
- you have requested the card in writing, or
- the card is a replacement, renewal or substitution for a card previously issued as requested by the cardholder.
An item is considered to be a credit card if it is intended to be used to obtain cash, products or services on credit (e.g. store-branded credit cards and store account cards).
An item is considered to be a debit card if it is intended to be used to access an account held by the consumer for the purpose of withdrawing or depositing cash or obtaining products or services.
If you have a credit card, a business must not enable the card to also be used as a debit card, or vice-versa, unless you specifically request this in writing.
Visit ASIC's MoneySmart website for further information.
A business cannot demand payment for an unauthorised listing or advertisement about a person or their business, trade, profession or occupation. This applies to listings and advertisements in all forms of media.
If you have not signed a written agreement giving your permission for a paid listing or advertisement to run, then you are not liable to pay for it.