The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court against MSY Technology Pty Ltd and four of its related companies for alleged false or misleading warranty representations in breach of the Trade Practices Act 1974.
MSY and each of its related companies sell computers, computer parts, electronic goods and software to consumers from retail stores in Victoria, New South Wales, Queensland, South Australia and Western Australia.
The ACCC alleges that MSY and its related companies made a number of false or misleading representations regarding the statutory warranty rights of consumers in notices, pricelists, pamphlets and promotional material placed in stores, and on certain receipts issued to customers.
The ACCC alleges that by making the representations, MSY and each of its related companies breached sections 52 and 53(g) of the Act.
The ACCC is seeking court orders, including declarations that MSY and each of its related companies breached the Act, injunctions (including interlocutory injunctions), civil penalties, corrective notices, costs, and orders for MSY and each of its related companies to implement a trade practices compliance program.
The matter has been filed in the Federal Court Fast Track list in Sydney and is listed for an interlocutory hearing at 11 a.m. on 16 November 2010 before Justice Perram.
The ACCC has instituted proceedings against the following MSY companies:
- MSY Technology Pty Ltd
- M.S.Y. Technology (NSW) Pty Ltd
- MSY Technology (QLD) Pty Ltd
- MSY Technology (SA) Pty Ltd, and
- MSY Technology (WA) Pty Ltd.