Consumer rights

AFL & NRL clubs fix refunds and returns policies

Twenty-one Australian Football League (AFL) and National Rugby League (NRL) clubs have made changes to their returns and refunds policies in relation to merchandise sales following an investigation by the ACCC.

“The changes made by the AFL and NRL clubs in question follow a review of returns and refunds policies of various professional sporting clubs nationwide to check they were compliant with the Australian Consumer Law,” ACCC Chair Rod Sims said.

ACCC takes action against Europcar for excessive card payment surcharges

The ACCC has instituted proceedings in the Federal Court against CLA Trading Pty Ltd (trading as Europcar) for allegedly charging excessive credit and debit card payment surcharges, in breach of the Competition and Consumer Act 2010.

The ACCC alleges that Europcar customers who used Visa or MasterCard credit cards during July and August 2017 were charged fees above what it cost Europcar to accept those payments.

Correction: Cruisin Motorhomes pays penalty for excessive payment surcharges

Cruisin Motorhomes Pty Ltd (Cruisin Motorhomes) has paid a penalty of $12,600 after the ACCC issued an infringement notice for an alleged breach of the excessive payment surcharge laws in the Competition and Consumer Act 2010.

Cruisin Motorhomes operates a campervan and motorhome rental business, with branches in Hobart, Brisbane, Sydney, Melbourne and Cairns.

The ACCC alleged that, in January 2018, Cruisin Motorhomes charged Visa and MasterCard customers a 2 per cent surcharge, despite the cost of processing the payment ranging from 0.41 to 1.48 per cent.

Home care - a guide to your consumer rights

When you buy goods or services in Australia you have consumer rights under the Australian Consumer Law. You have the same rights when you buy home care goods or services, or receive them through a government-funded Home Care Package.

Full Court finds LG made misleading representations

The Full Federal Court has partially upheld an appeal by the ACCC against an earlier judgment dismissing the ACCC’s case against LG Electronics Australia Pty Ltd (LG).

The Full Court found that LG made two representations to consumers that were false, overturning the initial court decision, but dismissed the ACCC’s appeal in respect of other LG statements made to consumers.

Alinta Energy misled consumers on discounts

Alinta Energy (Alinta) has undertaken to compensate thousands of Victorians for making misleading electricity price comparisons which the ACCC considered were likely in breach of the Australian Consumer Law.

Between 9 December 2017 and 28 February 2018, Alinta’s advertisements compared increases in its competitors’ standing or undiscounted tariff rates to decreases in Alinta’s discounted tariff rates.

iPhone and iPad misrepresentations cost Apple Inc $9 million in penalties

The Federal Court ordered Apple Inc (Apple US) to pay $9 million in penalties for making false or misleading representations to customers with faulty iPhones and iPads about their rights under the Australian Consumer Law (ACL).

The ACCC took action against Apple US and Apple Pty Ltd (Apple Australia) following an investigation of complaints relating to ‘error 53’. This error disabled some iPhones and iPads after owners downloaded an update to Apple’s ‘iOS’ operating system.

Jenny Craig pays penalty for “10kg for $10” ads

Jenny Craig Weight Loss Centres Pty Ltd (Jenny Craig) has paid $37,800 in penalties following the ACCC issuing three infringement notices for alleged false or misleading representations in breach of the Australian Consumer Law.

From December 2017 to February 2018, Jenny Craig represented in television advertisements people could lose up to 10kg of weight for a $10 program fee, without adequately disclosing customers also had to purchase food at an additional cost.

Fitbit misled customers about faulty products

The ACCC has accepted a court enforceable undertaking from Fitbit (Australia) Pty Limited (Fitbit) to amend information they provide to customers about their consumer guarantee rights under the Australian Consumer Law (ACL).

From November 2016 to March 2017, Fitbit told customers that its warranty against faulty products was only available for one year. Fitbit also represented that faulty products would be only replaced for the remainder of the calendar year or 30 days, whichever was longer.

Wilson Security to refund $740,000 for services not provided

Wilson Security Pty Ltd (Wilson Security) will refund 320 Western Australian customers a total of $740,000, after charging for security patrols that were not provided in breach of Australian Consumer Law.

Wilson Security was contracted to provide internal premise security patrols. However in many cases, when replacing scheduled internal security patrols that had been missed, Wilson Security conducted external perimeter security patrols that are generally cheaper and less time consuming.