123 results, showing 101 to 120
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.
JB Hi Fi is a fully owned subsidiary of JB Hi-Fi Limited (an ASX listed company).
JB Hi Fi has provided a section 87B Undertaking to the ACCC following allegations that it entered into an agreement that may have contravened section 45 of the Trade Practices Act 1974 (the Act) on the basis that the agreement included an exclusionary provision.
It is alleged that JB Hi-Fi paid (I Can't Get No) Satisfaction (Satisfaction), a small-sized CD/DVD retailer in Ballarat, $150,000 to close its business and instructed its Solicitors to prepare a Restriction Agreement which it ultimately entered into with Satisfaction. This Restriction Agreement required that Satisfaction close its store and remain out of the market for 2 years, as well as containing a term requiring Satisfaction to arrange with the lessor not to re-let the premises to another CD/DVD retailer for 1 year.
Rite Price Wholesalers Pty Ltd (Rite Price) has provided court enforceable undertakings to the ACCC after one of the products Rite Price had imported and supplied to retailers did not comply with a mandatory consumer protection notice.
On 17 September 2007 a ban on products containing accessible materials with a lead migration of more than 90 milligrams per kilogram was introduced under Consumer Protection Notice No.
Kleenheat Gas has given the ACCC a s.87B undertaking after the ACCC expressed concerns that Kleenheat Gas engaged in misleading or deceptive conduct by varying the pricing for bulk LPG supplied to particular customers in 2002 and 2003, selected as 'Managed Monthly Accounts' or 'Quickhits', contrary to representations it made to those customers as to how their prices would move.
The ACCC had also expressed concerns to Kleenheat Gas that, in relation to certain bulk LPG supply contracts signed in 2000 and 2002, there was potential for customers to be misled as to the nature of the documents they were signing.
The s.87B undertaking provided by Kleenheat Gas forms part of an agreed resolution between the ACCC and Kleenheat Gas, together with consent orders in
Country Contacts International (CCI) is a Sydney based company offering membership services to the public for introduction services.
Australian Linen Supply Pty Ltd trading as Confident Care Products (CCP) is a wholesaler and supplier of medical sheepskins used as bed or chair underlays in order to distribute and relieve pressure so as to prevent the onset of pressure sores in immobile patients. CCP has admitted to incorrectly representing, on its website and the medical sheepskins themselves, that medical sheepskins supplied by it comply with the voluntary Australian standard for medical sheepskins, AS 4480.1-1998 (the Standard).
ACCC inspections of medical sheepskins supplied by CCP revealed they contained grass seed matter, contrary to the Standard, and did not display the labelling required by the Standard, in particular, the special laundering instructions.
CCP has provided court enforceable undertakings to the ACCC that it will:
refrain from representing that medical sheepskins supplied by it comply with the Standard in circumstances where they do not;
write to each of its customers informing them of the undertaking and offering to replace or refund any medical sheepskins supplied by it that do not display the labelling required under the Standard and/or contain grass seed matter; and
implement a trade practices compliance program, to be maintained for a period of 3 years, for CCP employees and other persons involved in its business.
On 6 February 2008, the ACCC accepted a variation to the undertakings provided by Asciano on 18 April 2007.
The variation provides alternative KPIs relating to non-discrimination covering Pacific National's rail operations.
Bean bags and bean bag covers supplied in Australia must meet the safety standard as prescribed in the Trade Practices (Consumer Product Safety Standard) Regulations 1979 (Prescribed Consumer Product Safety Standard) which requires bean bags and bean bag covers to be fitted with a child resistant fastener and have a warning label or notice conspicuously attached stating: “WARNING: Small Lightweight Beads Present a Severe Danger to Children if Swallowed or Inhaled”.
SlumberTrek import and distribute the Elmo Shaped bean bag cover (the Elmo bag) which is subject to the Prescribed Consumer Product Safety Standard.
During a routine product safety survey in October 2007 the Elmo bag was surveyed in K Mart stores nationally.
On 4 February 2008, the ACCC accepted the undertaking of Mr Cahyo Satrio Prakoso, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Cahyo Satrio Prakoso agrees to sell down any interest he has in Asicano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Cahyo Satrio Prakoso must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.
The fifth variation relates to Toll’s planned restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
A copy of those documents can be viewed on the ACCC’s website.
On 31 January 2008, the ACCC accepted the undertaking of Mr Edward Tham Wong Weng, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Edward Tham Wong Weng agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.