Electronics retailer MSY Technology Pty Ltd and four related companies have given undertakings to the Federal Court that they will not make false or misleading representations regarding the statutory warranty rights of consumers.
The undertakings follow legal action initiated against the companies by the Australian Competition and Consumer Commission and apply until further orders are made by the court.
The 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 Trade Practices Act 1974.
The ACCC is now seeking final orders including declarations that MSY and each of its related companies breached the Act, injunctions, civil penalties, corrective advertising, costs, and orders for MSY and each of its related companies to implement a trade practices compliance program.
The matter is listed for a scheduling conference on 7 December 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.