Thompsons of Shepparton Pty Ltd - s.87B undertaking

Company or individual details

  • Thompsons of Shepparton Pty Ltd
    102 301 075
  • Jarrod Paul Thompson

Undertaking

Thompsons of Shepparton Pty Ltd (ACN 102 901 075), trading as Thompson Motor Group (Thompsons), is a retailer of new and used automotive vehicles, parts and accessories as well as a mechanical repair service.

From 27 September 2007 until 17 November 2007 Thompsons represented in a television advertisement on the Price Television Network that:
"Here at Thompson Motor Group we have just secured a bulk deal direct from the manufacturers.

This exclusive offer is on all Navaras, Patrols, Commodores and Astras. I Personally secured this deal and I guarantee it will save you money".

This representation took place whilst visual footage showed large numbers of new Nissan, Kia and Holden motor vehicles parked in an allotment.

The ACCC considers that the advertisement may lead consumers to believe that Thompsons had purchased large numbers of Nissan Navaras, Nissan Patrols, Holden Commodores and Holden Astras for a discounted price which would allow savings to be passed on to them, in circumstances where Thompsons had not purchased any Holden Commodore sedans or Holden Astras as part of the bulk deal referred to in the advertisement.

The ACCC was concerned that the representation by Thompsons may have contravened sections 52 and 52(e) of the Trade Practices Act 1974 (the TPA).

These provisions prohibit:

  • misleading and deceptive conduct;
  • conduct that is likely to mislead or deceive;
  • as well as false or misleading representations as to the price of the goods or services.

In response to concerns by the ACCC, Thompsons and its director Jarrod Thompson have offered a section 87B Undertaking to the ACCC, whereby Thompsons will implement and maintain a Trade Practices Compliance Program for a period of three years and three months from the commencement of the Undertaking.

Attachments