Competition and Consumer Act 2010

Dodo and iPrimus to pay $2.5m for misleading NBN speed claims

After an ACCC investigation, the Federal Court ordered Dodo Services Pty Ltd (Dodo) to pay $1.5 million and Primus Telecommunications Services Pty Ltd (iPrimus) to pay $1 million in penalties for making misleading claims about their NBN broadband speeds. Dodo and iPrimus are both part of the Vocus Group.

Dodo and iPrimus admitted that their ‘typical evening speed’ claims made between March 2018 and April 2019 were misleading because they were not based on an appropriate testing methodology.

Telstra to pay $50m penalty for unconscionable sales to Indigenous consumers

The Federal Court today ordered that Telstra pay $50 million in penalties for engaging in unconscionable conduct when it sold mobile contracts to more than 100 Indigenous consumers across three states and territories, in proceedings brought by the ACCC. 

Telstra admitted that between January 2016 and August 2018, it breached the Australian Consumer Law and acted unconscionably when sales staff at five licensed Telstra-branded stores signed up 108 Indigenous consumers to multiple post-paid mobile contracts which they did not understand and could not afford.

NIB to continue to notify consumers of health insurance changes which increase out-of-pocket expenses

The ACCC and NIB Health Funds Limited (NIB) have agreed to the ACCC’s Federal Court proceedings against NIB being discontinued after NIB committed to continue to provide advance notice to its members of policy changes which are likely to result in higher out-of-pocket expenses for consumers.

ACCC seeks leave to appear in Epic v Apple appeal

The ACCC has sought leave to appear at the hearing of Epic Games, Inc’s appeal to the Full Federal Court against an earlier Court decision to stay Epic’s proceedings against Apple Inc.

The ACCC seeks the Court’s leave to appear as an ‘amicus curiae’ (‘friend of the Court’), or to intervene as a non-party, to make submissions to the Full Court about the public policy in favour of disputes involving Australia’s competition laws being heard and determined by Australian courts.

ACCC issues public warning notice about Postage Ink

The ACCC has issued a public warning notice about the conduct of Postage Ink Pty Limited in relation to the unsolicited supply of labels and ink cartridges and other consumables for postage meters to business customers.

The ACCC’s action follows complaints from businesses which use postage meters, also known as franking machines, and which had been contacted by Postage Ink in respect of unsolicited sales or payments.

Penalties of $1.223m against Australian 4WD Hire and ex-directors Vitali Roesch and Maryna Kosukhina

Four-wheel-drive vehicle hire business Smart Corporation Pty Ltd (in liquidation), previously trading as ‘Australian 4WD Hire’, has been ordered to pay penalties of $870,000 for breaches of the Australian Consumer Law following court action by the ACCC.

The Federal Court has found that Smart Corporation Pty Ltd engaged in unconscionable conduct, made false or misleading representations in relation to insurance cover, and included unfair contract terms in its vehicle rental contracts.

Full Court dismisses Volkswagen $125m penalty appeal

The Full Federal Court today dismissed an appeal by Volkswagen AG against the penalties handed down earlier for making false representations about compliance with Australian diesel emissions standards.

In dismissing the appeal, the Full Court upheld the $125 million penalty imposed by the Federal Court, and held that the $125 million penalty ‘was not excessive, let alone manifestly excessive’.

Superfone to pay $300,000 for making unsolicited calls and misleading consumers

The Federal Court has ordered telecommunications provider Superfone to pay $300,000 in penalties for making false and misleading representations and breaching laws designed to protect consumers from unsolicited telemarketing sales, in proceedings brought by the ACCC.

In June 2020, the Federal Court declared that Superfone had contravened the Australian Consumer Law between June 2017 and December 2018 when cold-calling consumers and signing them up to unsolicited new contracts with Superfone.