Company or individual details
- Target Australia Pty Ltd004 250 944
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Target Australia Pty Ltd (Target). The undertaking is in relation to claims that between at least January 2017 and August 2017, Target’s customer service staff told some consumers who complained about faulty Sony PlayStations that they had to contact Sony directly for a remedy and were not entitled to any remedy from Target because the fault had occurred after 30 days from the date of purchase.
Target promotes and sells a range of products, including Sony PlayStation gaming consoles, to consumers in Australia through Target branded stores, and also through its website at https://www.target.com.au.
Target acknowledges that it may have misled consumers about their rights under the ACL in connection with the Consumer Guarantees. Target also acknowledges that in these circumstances it may have made false or misleading representations to consumers concerning the existence, exclusion or effect of a guarantee, right or remedy, in contravention of section 29(1)(m) of the ACL.
To address the ACCC’s concerns, Target provided the ACCC with a section 87B undertaking that it will:
- publish a notice on its website asking customers to contact Target if they believe their complaints or concerns about faulty Sony PlayStation consoles raised between January 2017 and August 2017 were not addressed properly
- consider the position of customers that it is contacted by for the purpose of offering the customer a remedy consistent with Target’s obligations under the ACL
- review and improve its Australian Consumer Law compliance program.
On 22 April 2020 the ACCC accepted a variation to the section 87B Undertaking provided to the ACCC by Target Australia Pty Ltd, previously accepted by the ACCC on 15 October 2019.
The purpose of this Variation to the Undertaking is to extend the date by which Target must undertake a review of its refunds and returns policies and procedures that are applicable to returns of potentially faulty electronic products, including Sony PlayStations, and make any necessary changes to ensure that those policies and procedures reflect Target's obligations under the ACL.