Undertaking date

Undertaking type

s.87B undertaking

Reference number

D11/2300815

Section

ss. 52, 53(c), 53(d), 53(e) & 53(g)

Company or individual details

  • Name

    Advanced Lifestyle International Retail Pty Ltd

    ACN

    128 888 531

Undertaking

The ACCC has accepted an undertaking from Advanced Lifestyle International Retail Pty Ltd (ALI) in respect of false or misleading representations it made to consumers during in-home sales presentations.

Between at least 15 January 2010 and 14 October 2010 ALI and its salespeople made various representations to consumers during in-home sales presentations for its massage wands, cushions, chairs and beds.

ALI acknowledges that these representations were false, misleading or deceptive for the following reasons:

  • when approaching consumers by telephone or in shopping centres ALI obtained invitations to consumers homes by telling them that ALI was offering a 'free therapy treatment' or a 'free massage', when the true purpose of ALI visiting a consumer's home was for salespeople to try and sell ALI products;
  • by representing that ALI or ALI's products were approved, sponsored or affiliated with the 'Government', when this is not true;
  • by representing that the price of an ALI product was less than the price that consumers ultimately had to pay for the product; and
  • by representing that consumers did not have the right to cancel their contract for the purchase of an ALI product within a 10-day cooling-off period, when this was not true.

The ACCC was particularly concerned about this conduct because it was generally targeted towards senior citizens, occurred in their homes and appeared to be designed to mislead consumers into purchasing the products.

ALI has paid three Infringement Notice penalties to the ACCC, totalling $19,800.

ALI has also provided the ACCC with a court enforceable undertaking which requires ALI to publish various corrective notices and implement a Trade Practices Law Compliance Program to ensure that this conduct will not happen again.