Consumer must be given a repair notice before the repair of products that can store user data and before the start of repairs that might use refurbished parts.
Repairs, warranties & refunds
When a business sells a product or service that doesn’t meet basic rights, it must offer the consumer a solution, such as a repair, replacement or refund.
When a problem with a product or service causes damage or loss for a consumer, they have a right to compensation.
ACCC Chair Rod Sims addressed the Committee for Economic Development of Australia (CEDA) to discuss the ACCC's enforcement and compliance policies for 2022-23.
The ACCC has instituted Federal Court proceedings against online retailer Booktopia Pty Ltd for making false or misleading representations to consumers about their rights to refunds and other remedies for faulty or damaged goods.
Purchasers of agricultural machinery would benefit from more independent competition in servicing and repair markets, the ACCC has concluded, after conducting a detailed study of agricultural machinery markets in Australia.
Online spare parts retailer Big Warehouse has paid a $12,600 penalty after the ACCC issued an infringement notice against the company for allegedly breaching the Australian Consumer Law (ACL) by misleading a consumer about their consumer guarantee rights in relation to spare parts they had ordered.
In addition to paying this penalty, Big Warehouse has provided a court-enforceable undertaking to the ACCC in which it admits it was likely to have contravened the ACL by representing to consumers that:
In his annual CEDA address, Chairman Rod Sims launched the ACCC's 2018 Compliance and Enforcement policy. This year, the ACCC will focus on consumer issues in broadband services and energy, competition in the financial services and commercial construction sectors, systemic consumer guarantee issues, and conduct that may contravene the new misuse of market power and concerted practices provisions.
The ACCC has found some retailers may be misleading consumers about their rights under the Australian Consumer Law (ACL) after reviewing the online policies of several large Australian clothing retailers.
“This year the ACCC has received over 750 complaints regarding consumer guarantees for clothing purchases. We are reviewing the policies of retailers at busy times such as Click Frenzy, in the lead up to Christmas and during the Boxing Day sales period,” ACCC Deputy Chair Dr Michael Schaper said.
Car manufacturers need to step up to meet their consumer guarantee obligations under the Australian Consumer Law (ACL) and stop putting the squeeze on dealers through dealer agreements, policies and procedures, ACCC Chairman Rod Sims told the 2017 Australian Automotive Dealer Association National Dealer Convention in Sydney today.