Competition and Consumer Act 2010

Uber to pay $21m for misleading representations about Uber Taxi fares and cancellation fees

The Federal Court has ordered ridesharing platform Uber to pay a penalty of $21 million after Uber admitted it had engaged in misleading or deceptive conduct and made false or misleading representations to consumers in its app and on its website, in proceedings brought by the ACCC.

Uber admitted it breached the Australian Consumer Law by engaging in misleading conduct and making false or misleading representations in relation to cancellation messages and the price of Uber Taxi rides.

Telstra in court for alleged misleading representations about Belong broadband speed

The ACCC has instituted Federal Court proceedings against Telstra for allegedly making false or misleading representations about upload speed to residential broadband customers of its cheaper brand, Belong.

In October and November 2020, Telstra migrated nearly 9000 customers who were on a Belong NBN plan with a maximum download speed of 100 megabits per second (Mbps) and a maximum upload speed of 40Mbps, to a service with a maximum upload speed of 20Mbps.

Turf breeder to address concerted practices concerns

Turf breeder Lawn Solutions Australia Group Pty Ltd (LSA) has provided a court-enforceable undertaking to address ACCC concerns that LSA may have engaged in a concerted practice by communicating with turf growers and resellers about the prices for turf.

On various occasions between November 2017 and May 2021, LSA circulated price surveys with requests that growers and resellers set their prices in line with its recommended retail prices (RRP). The communications also put pressure on individual growers or resellers to increase prices if they sold turf at a price below the RRP.

SmileDirectClub to pay $3.5m for misleading claims about health insurance reimbursement for teeth aligners

The Federal Court has ordered SmileDirectClub Aus Pty Ltd and its US parent company, SmileDirectClub LLC (together SmileDirectClub), to pay penalties totalling $3.5 million and to compensate customers, after court action by the ACCC.

SmileDirectClub admitted that between May 2019 and October 2020, it made false or misleading statements to consumers on its website and in emails, SMS text messages and information cards provided in store, in contravention of Australian Consumer Law.

Dell Australia in court for allegedly misleading consumers about the cost of add-on monitors

The ACCC has instituted Federal Court proceedings against Dell Australia Pty Limited (Dell Australia) for allegedly making false or misleading representations regarding the price of monitors that consumers could add on to purchases of Dell computers.

It is alleged that from at least August 2019 to 16 December 2021, Dell Australia made false or misleading representations on its website about the prices of monitors and the potential savings when a monitor was purchased with a computer.

ACCC welcomes new penalties and expansion of the unfair contract terms laws

Companies that breach the competition and consumer laws could face new and higher penalties under legal changes which passed Parliament last week.

The changes consist of two parts; the introduction of penalties and other changes relating to unfair contract terms, and significant increases in maximum penalties for breaches of certain provisions of the Competition and Consumer Act including the Australian Consumer Law.

ACCC warns funeral providers on pricing practices following Youpla collapse

The ACCC is warning funeral services providers not to mislead consumers about prices and to act honestly and transparently in their dealings with Indigenous Australians affected by the March 2022 collapse of the Youpla Group (formerly the Aboriginal Community Benefit Fund).

The Australian Government has commenced a program to pay a grant in place of a funeral benefit that would have been paid by Youpla Group to eligible beneficiaries of people who held an active Youpla Group policy on or after 1 April 2020.