The Australian Competition and Consumer Commission has instituted legal proceedings against ATS All Trades and Services Pty Ltd for alleged false, misleading and deceptive conduct, in contravention of the Trade Practices Act 1974.
It is alleged that ATS All Trades and Services made misleading representations regarding the quality and nature of the list of job opportunities provided to members, the availability of discounts to members and the provision of a webpage that would be displayed after conducting a Google search.
The ACCC has also commenced proceedings against Mr John Barry, the director of ATS All Trades and Services, and Mr Aaron Bell, a company employee. The ACCC alleges that Mr Barry and Mr Bell were knowingly concerned in and/or party to, the alleged contraventions by ATS All Trades and Services.
The ACCC seeks:
- declarations that ATS All Trades and Services contravened the Act by making misleading and deceptive representations
- an injunction restraining ATS All Trades and Services from engaging in similar offending conduct in the future
- an injunction requiring ATS All Trades and Services to implement a 'cooling off period' when entering into new contracts with any members
- an injunction restraining Mr Barry from being involved in the business of marketing or job finding services for small businesses for five years
- an injunction restraining Mr Bell from being involved in the business of marketing or job finding services for five years unless that business provides a 'cooling off period' for new contracts
- an order that ATS All Trades and Services send a corrective letter to all current and past members
- an order that ATS All Trades and Services or any other business operated by Mr Barry implement a trade practices law compliance program, and
- ACCC costs.
The matter has been listed for a directions hearing on 5 August, 2008 in the Federal Court, Sydney.