Tiny Tots Images Photography Pty Ltd - s.87B undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Tiny Tots Images Photography Pty Ltd (Tiny Tots) in relation to misrepresentations made in regards to a consumers 'cooling off' or termination rights that were likely to contravene sections 29(1)(m), 76(a) and 79(b) of the Australian Consumer Law (ACL).

Since at least January 2011, Tiny Tots has entered into approximately 1,400 unsolicited consumer agreements for photographic services. These services have been predominantly provided to Indigenous consumers residing in rural and remote communities via 'pop up shops' at various locations including local Shire offices, recreation halls, RSL clubs and general stores.

Between the period from January 2011 to August 2013, Tiny Tots contravened the ACL by using an Agreement Document for their services which did not comply with the unsolicited consumer agreement provisions, namely that it contained a representation to consumers that they had no 'cooling off' or termination rights, when in fact the consumer did.

To address the ACCC's concerns, Tiny Tots provided the ACCC with a section 87B undertaking that it will:

• ensure the Agreement Document complies with the ACL and will have it reviewed annually;
• implement a suitable Trade Practices Act Compliance Program which includes cross cultural training for staff; and
• write to and offer refunds as an option to affected consumers residing in remote Indigenous communities.