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Super A-Mart is a furniture retailer, with 24 stores across Queensland, New South Wales and Western Australia. It regularly promotes its sales via catalogues, television and radio advertisements.
Some of Super A-Mart’s advertisements in 2007 contained representations which were qualified by fine print disclaimers which were not sufficiently prominent and were too imprecise to adequately qualify the representations.
The ACCC considers Super A-Mart’s conduct may constitute misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act. Super A-Mart admits the conduct and acknowledges the ACCC’s concerns.
Super A-Mart provided undertakings that it will:
clearly label display stock as not for sale
review the size of symbols used in its catalogues (such as asterisks) which are intended to refer consumers to qualifying terms and conditions located elsewhere in the catalogue
review the wording used in disclaimers (written and oral)
display public notices in store and on its website
review and, if necessary, improve its internal Catalogue Review Process and TV and Radio Advertisement Review Process, to increase the accuracy and consistency of its advertising
implement a Trade Practices Compliance Program, including Trade Practices training.
Undertakings given to the ACCC by Londy Pty Ltd trading as Purely Commercials, a dealer of light commercial vehicles in Western Australia concerning misleading representations about a tax benefit that applied to purchasers of vehicles displayed in an advertisement.
On 22 February 2009, Londy published a full page advertisement featuring second hand vehicles that it had available for sale to the public in the CARSguide section of the Sunday Times newspaper.
PMP Distribution a wholly owned subsidiary of PMP Limited, distributes advertising material, publications and product samples to Australian households, through a network of distributors and deliverers, known as 'walkers' who deliver materials by hand to home letterboxes.
During 2007 and 2008, PMP Distribution provided some of its customers with reports which included incorrect pamphlet delivery statistics.
The reports showed that deliveries had taken place in certain territories when this was not the case.
This matter came to light as a result of an internal audit by PMP Distribution.
Once aware of the problem, PMP Distribution contacted affected customers and brought this matter to the attention of the ACCC.