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National telecommunications service provider Dodo Australia Pty Ltd has given a court enforceable undertaking in resolution of ACCC concerns.
Between December 2007 and March 2009 Dodo published on its website, in connection with the outright sale of handsets and other hardware product, the statement: “No refunds will be given on purchases”.
Between October 2008 and March 2009 Dodo also caused to be published on its website, and broadcast on television at various times between October and December 2008, advertisements for its ‘$29.90 Mobility Cap Plan’, ‘Free Fuel’ and ‘Cash Offer’ 24 month mobile cap plans (the "Free Offer Plans") that included representations to the effect consumers would receive specified goods or cash for free or at no cost when they signed up to the relevant 24 month Free Offer Plan. An investigation by the ACCC revealed Dodo offered comparable mobile cap plans (in included value and services) at a cheaper monthly fee without the free goods and cash.
The ACCC was concerned that by engaging in the above conduct Dodo likely contravened the misleading or deceptive conduct, false or misleading representation and offering of gifts or other free items provisions of the TPA.
The undertakings given by Dodo include it:
writing to the consumers affected by the conduct;
paying refunds to consumers;
reducing the monthly fee for each of the free offer plans; and
implementing and maintaining a revised trade practices compliance program.
Jarvis Walker Pty Ltd is a wholesaler of fishing rods and tackle, marine accessories and camping equipment to boating, fishing, sports and camping retailers and distributors in Australia and internationally. Its products are marketed under a number of brands, including Jarvis Marine.
In a section 87B undertaking accepted by the ACCC, Jarvis Walker acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied between 25 October 2005 and 12 December 2008 to numerous traders across Australia for retail sale to consumers or for further distribution.
Jarvis Walker voluntarily published product safety recall notices in three publications between 27 December 2008 and February 2009, and used its best endeavours to ensure that retailers of the product displayed a copy of the product safety recall notice in stores for two months. Jarvis Walker has since decided to permanently remove the product from its product line.
Under the court enforceable undertaking Jarvis Walker has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.