Tank Broker Pty Ltd - s.87B undertaking

Tank Broker Pty Ltd has provided a court enforceable undertaking to the ACCC to resolve concerns that a number of its advertisements for rainwater tanks were likely to have contravened sections 52, 53(e), 53C of the Trade Practices Act 1974 and section 48 of Schedule 2 of the Australian Consumer Law.

In particular, Tank Broker admits that it misled consumers by advertising:
- tanks at prices calculated by deducting the maximum government rebates available and failing to state, or not stating in a prominent way, the full price that customers had to pay to purchase a tank; and
- certain rainwater tank kits for sale by comparing 'Now' prices with 'Was' prices for a period of four months in the circumstances where the 'Now' price had become the usual price for the tank kits.

As part of the undertaking accepted by the ACCC, Tank Broker will:

- refrain from engaging in similar conduct for a period of 3 years;
- publish a corrective notice in The Advertiser and The Sunday Mail (Adelaide); and
- maintain a compliance program for a period of 3 years.