The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Melbourne against printer cartridge telemarketing company, Artorios Ink Co Pty Ltd (Artorios Ink), its sole director, Tuan Nguyen, and sales manager, Thuan Nguyen, for alleged contraventions of the Australian Consumer Law.
The ACCC alleges that during 2011 and 2012, Artorios Ink engaged in conduct that was misleading or deceptive and made false or misleading representations involving the supply of printer cartridges to businesses, many of which were small businesses.
This included representations:
- that the business had agreed to purchase printer cartridges from Artorios Ink, when in fact there was no such agreement;
- that Artorios Ink was an approved, regular or current supplier of the business, when in fact it was not; and
- that Artorios Ink had instituted proceedings in the Magistrates’ Court of Victoria against the business to obtain payment for printer cartridges, when in fact Artorios Ink had not instituted any such proceedings.
The ACCC also alleges that Artorios Ink asserted a right to payment for unsolicited goods.
The ACCC is seeking declarations, injunctions and pecuniary penalties against Artorios Ink, Tuan Nguyen and Thuan Nguyen. The ACCC is also seeking orders disqualifying Tuan and Thuan Nguyen from managing a corporation.
The matter is listed for a directions hearing on 10 October 2012.
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