s.87B undertakings register

Recent s.87B undertakings

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wisdom Properties Group Pty Ltd (Wisdom) in relation to alleged unfair contract terms in its standard Home Building Agreements (Agreement).

Since at least October 2008, Wisdom included in its Agreement certain clauses that allowed it to prevent or control any public statements made by customers about the services provided by Wisdom under the Agreement (Non-disparagement clauses). The Agreement also allowed Wisdom to suspend the customer’s building works if the customer breached the Non-disparagement clauses.

Wisdom has admitted that the Non-disparagement clauses were unfair contract terms within the meaning of sections 23 and 24 of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Fitbit (Australia) Pty Limited (Fitbit) in relation to representations about remedies for faulty products which were likely to contravene sections 18 and 29(1)(m) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Wilson Security Pty Ltd (Wilson Security) in relation to charging customers for internal premise security patrols, which were not provided.

On 27 July 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Ford Motor Company of Australia Pty Ltd (Ford) in the Federal Court in relation to Ford's response to customer complaints about Fiesta, Focus and EcoSport vehicles fitted with the PowerShift transmission.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from HP PPS Australia Pty Ltd (HP PPS) in relation to the failure to disclose to consumers that certain HP inkjet printers had been installed with technology intended to prevent those printers working with non-HP ink cartridges. HP PPS has admitted that it was likely to have contravened sections 18, 29(1)(g) and 33 of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Cardtronics Australasia Pty Ltd regarding unfair contract terms in contracts governing Automatic Teller Machines deployed on the premises of small businesses. The relevant contract terms cover automatic contract renewal, unilateral fee increases and first right of refusal when renegotiating contracts. Unfair contract terms can be declared void under section 23 of the Australian Consumer Law.

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Primus Telecommunications Pty Limited (iPrimus) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

Dodo Services Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

M2 Commander Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from M2 Commander Pty Ltd (Commander) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Primus Telecommunications Pty Limited (iPrimus) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

Dodo Services Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Dodo Services Pty Ltd (Dodo) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

M2 Commander Pty Ltd

22 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from M2 Commander Pty Ltd (Commander) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

Internode Pty Ltd

19 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Internode Pty Ltd (Internode) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

iiNet Limited

19 March 2018

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from iiNet Limited (iiNet) in relation to claims about speeds available to consumers on its fibre-to-the-node (FTTN) and fibre-to-the-building (FTTB) broadband plans supplied over the National Broadband Network (NBN) that were likely to contravene sections 18, 29(1)(b) and 29(1)(g) of the Australian Consumer Law (ACL).

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Hyundai Motor Company Australia Pty Ltd (Hyundai).
On 22 December 2017 the ACCC accepted an undertaking (the Undertaking) from Qube Holdings Limited (Qube) in relation to the acquisition of Maritime Container Services Pty Ltd (MCS) by a subsidiary of Qube (the Acquisition).
The Australian Competition and Consumer Commission (ACCC) has accepted a court-enforceable undertaking from Belkin Limited (Belkin) in relation to “lifetime warranty” and “limited lifetime warranty” representations made about more than 130 types of products supplied by Belkin in Australia.