Consumer rights

ACCC takes action against LG for alleged false or misleading representations relating to consumer guarantees

The Australian Competition and Consumer Commission has commenced proceedings in the Federal Court against LG Electronics Australia Pty Ltd (LG) alleging that LG made false or misleading representations to consumers about their rights in relation to faulty LG products.

It is alleged by the ACCC that, in relation to complaints about defects with its televisions, LG misrepresented to consumers, retailers or repairers that:

Lumley undertakes to help improve extended warranty selling practices

The Australian Competition and Consumer Commission has welcomed a court enforceable undertaking volunteered by WFI Insurance Limited (trading as Lumley Retail Warranty) (Lumley), following concerns being raised about customer care plan brochures offering extended warranties underwritten by Lumley for consumer products supplied by retailers. The brochures have been in circulation since 2011.

Australian Consumer Law set for review in 2016

The upcoming review of the Australian Consumer Law (ACL) provides an opportunity to reaffirm the benefits of what we have, and to make the law even better, Australian Competition and Consumer Commission Chairman Rod Sims said today (Tuesday).

Delivering the keynote address at the Consumer Law Roundtable in Canberra, Mr Sims discussed some of the ACL success stories.

“The general ACL provisions relating to misleading and deceptive conduct and unconscionable conduct have served us well,” ACCC Chairman Rod Sims said.

Consumer guarantee rights following Samsung washing machine recall

The Australian Competition and Consumer Commission has recently become aware of reports that some consumers with recalled Samsung washing machines have been offered a repair for their recalled machine, but not a replacement or refund.

“The ACCC is investigating these reports. If consumers purchased an affected Samsung washing machine, they have the right under the Australian Consumer Law to choose their remedy, which includes a refund, replacement or repair,” ACCC Deputy Chair Delia Rickard said.

Electronic Arts undertakes to provide refunds to consumers

The world’s third largest publisher and developer of video games, Electronic Arts Inc and related companies, EA Swiss Sàrl and Electronic Arts Proprietary Limited (together, EA), who run the Origin video game distribution service have provided a court enforceable undertaking to the Australian Competition and Consumer Commission. In the undertaking, EA acknowledged that representations it made to consumers about their rights to refunds and the application of the Australian Consumer Law (ACL) consumer guarantees were likely to have breached the ACL.

Fisher & Paykel and Domestic & General to each pay $200,000 for false or misleading extended warranty representations

The Federal Court has declared by consent that both Fisher & Paykel Customer Services Pty Ltd (Fisher & Paykel) and Domestic & General Services Pty Ltd (Domestic & General) made a false or misleading representation in the course of offering an extended warranty to consumers, and imposed a pecuniary penalty of $200,000 on each business.