11166 results, showing 6221 to 6240
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.
Narnia Investments Pty Ltd (Narnia) and its sole director, Mr Simon Clarke (Mr Clarke), have provided a s87B Undertaking to the ACCC in conjunction with the settlement of civil court proceedings taken against them by the ACCC.
Narnia and Mr Clarke were found by the Federal Court to have engaged in misleading and deceptive conduct pursuant to section 52 of the Trade Practices Act.
Injunctions were imposed by the Federal Court against Narnia and Mr Clarke.
Mr Clarke was also ordered to undertake trade practices law compliance training.
The conduct concerned Narnia (which formerly controlled Advanced Hair Studio in Hobart) and Mr Clarke making false and misleading representations regarding a vulnerable consumer's right under his contract with Advanced Hair Studio Hobart to terminate the contract and obtain a refund of his deposit monies.
Under the terms of the consumer's $15,500 hair replacement contract with Advanced Hair Studio Hobart, the consumer was entitled to terminate his contract and to receive a refund of his deposit monies in circumstances where no hair treatment had actually commenced.
The s87B Undertaking provided by Narnia and Mr Clarke requires them to pay the affected consumer the $5,000 balance of $10,000 damages previously agreed between the ACCC and Mr Clarke ($5,000 has already been paid) and to refund the consumer his $1,800 deposit.
The Undertaking also requires Narnia and Mr Clarke to pay the ACCC's legal costs in the sum of $12,785
On 30 April 2009, the ACCC accepted the undertaking of Mr Richard Lim Cherng Yih, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Yih agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
Colin Thompson (ABN 27 120 308 204) is a supplier and retailer of a wide range of tobacco products which it retails directly to consumers through his store within the Darwin CBD.
As part of his product range, Mr Thompson sold retail tobacco products.
These products are subject to a prescribed consumer product information standards outlined in the Trade Practices (Consumer Product Information Standards)(Tobacco) Regulations 2004.
The retail tobacco products supplied by Mr Thompson had an adhesive label affixed to the package which obscured the prescribed consumer product information being that of the Quitline logo and number along with the mandatory graphic and health warning.
The ACCC was concerned that the obscuring of these health warnings was not in the public interest as the purpose of this information is to promote quit smoking campaigns and to increase customer knowledge of the health effects of smoking.
Following this advice Mr Thompson removed the sticker obscuring the health message from the effected retail tobacco products.