Consent injunctions against a Gold Coast-based company and its director over unsolicited advertising have been granted by Justice Drummond in the Federal Court, Brisbane.
The orders settle Federal Court proceedings brought by the Australian Competition and Consumer Commission in late 1996 against Anstar Holdings Pty Ltd (in liquidation) and its director, Patrick Joseph O'Keeffe.
The ACCC alleged that both O'Keeffe and Anstar sent invoices to be sent to small businesses throughout Australia claiming payment for unsolicited advertising in the following publications:
- Union Views, Labour Review;
- Industrial Health & Safety Report;
- Environmental Health & Safety News;
- The Union Worker; and Workplace Safety Review.
The ACCC handles numerous complaints from small business operators who receive dubious invoices for advertising in various journals and magazines. The ACCC took this action to protect small business operators.
O'Keeffe has agreed to consent injunctions restraining him from, among other things: demanding payment for unsolicited advertising in the publications previously named; making representations to businesses for advertising in the previously named publications which they had not authorised.
O'Keeffe also agreed to consent injunctions restraining him from being in any way directly or indirectly knowingly concerned in, or a party to the conduct which he is restrained from engaging in, or any similar conduct by any other person or corporation. He has also agreed that within 14 days, and at his own expense, to publish advertisements in the Courier Mail and the Weekend Australian newspapers, apologising in terms agreed between the ACCC and Mr O'Keeffe.
O'Keeffe agreed to pay $10,000 of the Commission's costs.
'This matter serves as a warning to small business,' ACCC Chairman, Professor Allan Fels, said today. 'The ACCC again warns small business operators to be vigilant in their dealings with callers attempting to sell them advertising.
'The ACCC has developed a Scam checklist/poster for businesses to help filter scams from genuine claims. It is available from all ACCC offices in each capital city, Tamworth and Townsville and small business representative organisations.
Small business operators using the checklist will be better equipped to detect scams and avoid paying for advertising which is of no benefit to them.