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Rural Network Pty Ltd is a Tweed Heads based company offering membership services to the public for introduction services.
The ACCC instituted proceedings against Rural Network and its Director Leanne McDonald alleging they:
represented that a woman in a higher membership category had been identified for a member, and that the member would be introduced to that person when they paid an additional sum to be placed in the same higher category, when no such woman had been identified;
represented that a member would be given access to other member’s profiles in a special section of the website by paying an additional sum when in fact there was no such section of the website;
represented that a liability had been incurred by a member and that further introduction services could not be provided until that amount was paid when this was not the case; and
represented that a discount on the membership fee given to the member when they joined was given in error or without required approval and that further introduction services could not be provided until that amount was paid.
In resolving the court proceedings Rural Network and Ms McDonald have consented to court orders for declarations, injunctions and cost and have also undertaken to:
provide refunds to former members totalling $118,476;
provide copies of Court orders made in the Federal Court to certain existing and new members;
attend Trade Practices training; and
develop a complaints handling system.
Update:
In July 2008 the ACCC took further Court proceedings to have this Undertaking enforced, following non-compliance.
The ACCC took Federal Court action against EDirect Pty Ltd (trading as VIPtel) following complaints from remote indigenous communities in the Northern Territory that VIPtel were selling mobile phone plans in areas without the relevant network coverage.
The Federal Court found EDirect had breached the Trade Practices Act.
Claims made by VIPtel included:
calls to any mobile or landline would be charged at the cost of a local call;
customers would pay no more than a capped monthly fee;
the mobile phones could be used to send pictures and access the internet without additional charges;
a customer would be able to terminate the plan at any time at no additional charge; and
network coverage was available Australia-wide.
In addition to the consenting to Orders being made by the Federal Court, EDirect Pty Ltd provided the ACCC with an Undertaking to refund customers identified as living in areas of Australia with no Optus GSM Network coverage.
On 4 March 2008, the ACCC accepted the undertaking of Mr Leith Wayne Hunt, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Leith Wayne Hunt agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Erceg Holdings Pty Ltd traded with growers without Horticultural Code of conduct complainant contracts in place and offered growers "Farm Produce Supply Agreements(contracts) that did not meet the minimum mandatory requirements of the
Tasti Products Limited a New Zealand based company has given court enforceable undertakings under section 87B of the Trade Practices Act 1974 to the ACCC after it raised concerns that the overall impression created by the wording and pictorial images used on Weight Watchers cereal bar packaging may be misleading.
The products are manufactured and sold by Tasti Products Ltd under the Weight Watchers brand.
The ACCC was concerned that the packaging representations implied that the following products contained a significant amount of some individual fruits, when the ingredients listed the individual fruits at around 1% -1.5% of the total product.
Strawberry and Raspberry Duo fruit cereal bars
Raspberry Pie fruit cereal bars
Apricot Pie fruit cereal bars
Fruit of the Forest fruit cereal bars
Tasti Products Limited has undertaken to:
amend the packaging of the identified 'Weight Watchers' fruit cereal bars;
publish a corrective notice in a Saturday edition newspaper in each Australian State and Territory;
publish a corrective notice on its website www.tasti.co.nz;
review and implement changes to its Trade Practices law compliance program.