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Post by dieseltojo on Sept 5, 2019 17:04:25 GMT 10
This is the agency that takes companies to task over matters of deception or wrong doing.
This re loyalty schemes
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Post by dieseltojo on Sept 5, 2019 17:09:35 GMT 10
www.accc.gov.au/media-release/accc-opposes-chilled-ready-meals-dealACCC opposes chilled ready meals deal 5 September 2019 The ACCC has decided to oppose the proposed acquisition of Jewel Fine Foods (Jewel) by B&J City Kitchen. B&J City Kitchen and Jewel (in administration) are the two largest manufacturers of chilled ready meals in Australia. Chilled ready meals are pre-cooked complete meals, which require little preparation by consumers before consumption and are sold through grocery retailers, petrol stations, convenience stores and food service operators, such as airlines. “We believe that the proposed acquisition is likely to substantially lessen competition for the supply of chilled ready meals,” ACCC Chair Rod Sims said. “B&J City Kitchen and Jewel are the main chilled ready meal manufacturers that currently meet major retailers’ requirements in terms of scale, range, quality and price. Rival manufacturers have not supplied the same volumes as B&J City Kitchen and Jewel.” “This proposed acquisition would combine the two major players in this market, concentrating most of the manufacturing capacity of chilled ready meals in one business,” Mr Sims said.
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Post by dieseltojo on Sept 6, 2019 16:38:02 GMT 10
www.accc.gov.au/media-release/lg-to-pay-160000-for-misleading-representations-to-two-consumersThe Full Court found that LG made misleading representations to two consumers who believed they had purchased faulty televisions, when it implied on phone calls they had no rights other than those under LG’s manufacturer’s warranties. Consumers who have purchased faulty products have rights to repair, replacements or refunds under the consumer guarantees in the Australian Consumer Law that cannot be excluded or modified by a company’s warranty or general statements.
“ Consumer guarantee rights are separate to warranties offered by manufacturers and will always be available to consumers who find they have been sold a faulty product,” ACCC Commissioner Sarah Court said. “The Court’s decision is a reminder that making misleading statements about consumer guarantee rights, even to only one or two consumers, can result in penalties being imposed.”
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Post by dieseltojo on Sept 16, 2019 12:25:22 GMT 10
Electricity bills being lowered
16 September 2019 Nearly a million households and business customers on standing offers, or default contracts, in NSW, South Australia, south-east Queensland and Victoria have already seen automatic savings to their electricity bills. Average savings on standing offers since the electricity pricing reforms came into effect on 1 July 2019 amount to between $130 and $430 a year for households, according to the ACCC’s August 2019 electricity market report, published today.
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Post by collyn on Sept 17, 2019 9:42:25 GMT 10
Many RV owners who have warranty issue are often told by the dealer to 'take it up with the maker'.
You may do so if your wish (and Jayco has a a very good reputation re this) but the law in this matter is that the dealer cannot evade responsibility. My authority for this is an article that I commissioned from the law dept of the ANU that makes it all totally clear.
My copyright (and no doubt forum rules) preclude my posting other than a brief section but that below summarises the situation.
"A person who has bought a caravan and who has an after-sale issue should, as their first point of call, return to the supplier of the caravan. . . The supplier of the caravan, and the manufacturer of the caravan, are responsible for the selection and installation of all the parts that come with the caravan."
Collyn
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Post by dieseltojo on Sept 23, 2019 14:16:29 GMT 10
Doesn't affect us directly but shows the character of this company in dealing with its own. Dealing with them then ought to be considered by us.....even though you would be dealing with a franchisee. The bucj would finally stop with the franchise head office.
No comments please.
23 September 2019 The Full Federal Court has confirmed important franchisor obligations, while upholding aspects of an appeal by Ultra Tune Australia Pty Ltd (Ultra Tune). The Court’s decision affirms a previous decision by the Federal Court that Ultra Tune had breached the Franchising Code of Conduct, but reduces the total penalties imposed against Ultra Tune from $2.6 million to $2 million.
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Post by dieseltojo on Oct 4, 2019 12:48:44 GMT 10
www.accc.gov.au/media-release/urgent-safety-alert-for-%E2%80%98critical%E2%80%99-takata-airbags4 October 2019 Major car manufacturers, including BMW, GM Holden, Honda, Mitsubishi and Toyota, are warning that 20,000 vehicles already under recall for defective Takata airbags are now classified as “critical”. The ACCC is urging consumers not to drive these cars at all until the airbag has been replaced. “Cars with airbags listed as ‘critical’ should not be driven. Classification as ‘critical’ means manufacturers have assessed these airbags as being particularly unsafe. A Takata airbag misdeployment can result in death or serious injury, even in a minor collision,” ACCC Deputy Chair Delia Rickard said. “Under this urgent recall, drivers are entitled to have their vehicles towed to the dealership by the manufacturer and have the airbag replaced for free. Drivers may be entitled to a loan vehicle while the airbag is replaced.” “We encourage all drivers to check if their vehicle is affected, even if they have checked before, and to act immediately to have their airbag replaced.” Consumers can check whether their car is affected by visiting: • IsMyAirbagSafe.com.au and entering their state/territory and registration plate number or by texting 0487 AIRBAG (247224) and following the prompts • the vehicle manufacturer’s website and entering their VIN number in their Recall Database or by contacting them direct for information • ProductSafety.gov.au and checking either the active or future recalls lists with further information available about the recall.
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Post by dieseltojo on Oct 8, 2019 10:51:02 GMT 10
www.accc.gov.au/media-release/criminal-obstruction-charges-against-ex-bluescope-managerCriminal obstruction charges against ex BlueScope manager 8 October 2019 Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited, has been charged with two counts of inciting the obstruction of a Commonwealth official in the performance of their functions. The charges were laid by the Commonwealth Director of Public Prosecutions (CDPP) and relate to actions allegedly taken by Mr Ellis during the ACCC investigation into alleged cartel conduct by BlueScope which is the subject of separate civil cartel proceedings filed by the ACCC against BlueScope and Mr Ellis. The criminal charges laid against Mr Ellis are offences under the Criminal Code Act 1995 (Cth) that carry a maximum penalty of two years’ imprisonment per offence. “These obstruction allegations are very serious. This is the first time an individual has been charged with inciting the obstruction of a Commonwealth official in relation to an ACCC investigation,” ACCC Chair Rod Sims said. The criminal charges of inciting the obstruction of a Commonwealth official brought against Mr Ellis are listed before the Downing Centre Local Court in Sydney on 5 November 2019. The CDPP has considered the alleged cartel offences and determined not to commence criminal cartel proceedings against either BlueScope or Mr Ellis. The separate civil cartel proceedings filed by the ACCC against BlueScope and Mr Ellis remain before the Federal Court.
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Post by dieseltojo on Oct 9, 2019 17:02:30 GMT 10
Don’t forget that despite this being a business based hearing, these matters eventually impact on us as consumers. www.accc.gov.au/media-release/nbn-co-given-formal-warningNBN Co given formal warning 9 October 2019 NBN Co has been given a formal warning by the ACCC for discriminating between retail service providers (RSPs) for the supply of upgraded NBN infrastructure to business customers. The ACCC has also accepted a court-enforceable undertaking from NBN Co, which includes a commitment by NBN Co to take measures to ensure such conduct is not repeated. NBN Co also provided one RSP with indicative pricing information for its new Enterprise Ethernet service months before it gave the same information to other RSPs. Following the ACCC’s investigation, NBN Co admitted it did not have appropriate processes in place to ensure it was complying with its transparency and non-discrimination obligations. “The ACCC has concluded that NBN Co failed to comply with its non-discrimination obligations on a number of fronts,” ACCC Chair Rod Sims said. “These legal obligations were enacted to ensure that NBN Co does not distort competition in the market for retail NBN services, such as by favouring larger RSPs.” In this case, the ACCC has not identified evidence that the conduct resulted in specific harm or competitive detriment before it came to light.
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Post by dieseltojo on Oct 14, 2019 9:53:35 GMT 10
www.accc.gov.au/media-release/affordability-of-basic-nbn-products-to-be-examinedAffordability of basic NBN products to be examined 14 October 2019 The ACCC will consider whether Australians are able to access basic broadband plans at fair and affordable prices, as part of an inquiry into NBN wholesale charges launched today. The inquiry will examine wholesale prices paid by retail service providers (RSPs), which use the NBN to supply residential-grade broadband services. The ACCC’s inquiry will focus on prices for basic speed broadband products offering 12/1 Mbps, and will consider whether regulation is needed to ensure a smooth transition for consumers to the NBN from legacy services such as ADSL.
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Post by dieseltojo on Oct 21, 2019 12:50:42 GMT 10
www.accc.gov.au/media-release/flight-centre-pays-252000-in-penalties-for-christmas-and-easter-promotionsFlight Centre pays $252,000 in penalties for Christmas and Easter promotions 21 October 2019 Flight Centre Travel Group Limited (Flight Centre) has paid $252,000 in penalties after the ACCC issued two infringement notices for alleged misleading advertisements promoting holiday vouchers during the 2018 Christmas and 2019 Easter periods. Flight Centre advertised promotions in store and in print newspapers offering $250 vouchers to consumers who spent $1500 on a holiday package with Flight Centre. The vouchers were redeemable on their next holiday booked through Flight Centre. The ACCC had grounds to believe that these advertisements were liable to mislead, and breached the Australian Consumer Law because Flight Centre failed to disclose to consumers that redeeming the $250 voucher was subject to certain conditions. These conditions included requiring consumers to book another holiday with Flight Centre worth more than $5000.
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Post by dieseltojo on Oct 21, 2019 12:52:03 GMT 10
www.accc.gov.au/media-release/over-a-million-recalled-products-still-in-circulation-in-australiaOver a million recalled products still in circulation in Australia 21 October 2019 Australians could be at risk of injuries or even death from 6.6 million individual products currently under voluntary recall, with about half of these still likely to be found in people’s homes, new figures show. Figures show that each year the ACCC is notified of about 650 consumer product recalls, but only about half of affected products are returned to sellers, leaving one in four Australian households exposed to potential hazards. The ACCC is recommending that the government strengthen the Australian Consumer Law by requiring businesses to comply with a “new safety duty”, which would mean businesses must take “reasonable steps” to ensure the products they sell are not unsafe. “In Australia, two people die and 145 people are injured every day by unsafe consumer products,” ACCC Commissioner Sarah Court said. “Many people would be surprised to learn there is currently no law that requires businesses to not sell unsafe products.”
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Post by dieseltojo on Oct 24, 2019 15:14:50 GMT 10
Court orders Ashley & Martin to refund consumers over unfair contract terms 24 October 2019
The Federal Court has ordered hair loss treatment business Ashley & Martin to refund money paid by consumers as a result of unfair terms contained in its ‘Personal RealGROWTH Program’ hair loss treatment program. “Under these unfair contract terms, Ashley & Martin customers were required to pay for treatment before they had a chance to consider doctor’s advice,” ACCC Commissioner Sarah Court said.
“Consumers faced losing hundreds or thousands of dollars if they cancelled the contract, after considering medical advice or even if they developed side effects to the prescribed medication.”
The Court ordered Ashley & Martin to refund consumers who had entered the program between June 2014 and June 2017 before receiving medical advice, who had, as a result, asked to terminate their contract, or who had asked to terminate their contract because of the medical advice received. Ashley & Martin were also ordered to refund consumers who had experienced side-effects from the medical treatment which meant they could no longer continue with the program.
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Post by dieseltojo on Oct 29, 2019 11:35:00 GMT 10
www.accc.gov.au/media-release/google-allegedly-misled-consumers-on-collection-and-use-of-location-data29 October 2019 The ACCC has instituted proceedings in the Federal Court against Google LLC and Google Australia Pty Ltd (together, Google), alleging they engaged in misleading conduct and made false or misleading representations to consumers about the personal location data Google collects, keeps and uses. “Our case is that consumers would have understood as a result of this conduct that by switching off their ‘Location History’ setting, Google would stop collecting their location data, plain and simple,” Mr Sims said. “We allege that Google misled consumers by staying silent about the fact that another setting also had to be switched off.” “Many consumers make a conscious decision to turn off settings to stop the collection of their location data, but we allege that Google’s conduct may have prevented consumers from making that choice.”
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Post by dieseltojo on Oct 31, 2019 11:52:01 GMT 10
www.accc.gov.au/media-release/mazda-in-court-for-alleged-unconscionable-conduct-and-false-or-misleading-representationsMazda in court for alleged unconscionable conduct and false or misleading representations 31 October 2019 The ACCC has instituted proceedings in the Federal Court against Mazda Australia Pty Ltd (Mazda) alleging that Mazda engaged in unconscionable conduct and made false or misleading representations in its dealings with consumers who bought one of seven new Mazda vehicles between 2013 and 2017. The ACCC alleges that these consumers began experiencing faults with their vehicles within a year or two of purchase. The faults affected the ability of the consumers to use their vehicles; and in some cases, included the vehicles unexpectedly losing power and decelerating while they were being driven. The vehicles were taken to Mazda dealers for repeated repairs, including multiple engine replacements. One vehicle was off the road for four months within a six month period. “We allege that Mazda repeatedly refused to provide a refund or a replacement at no cost to the consumers and pressured them to accept lesser offers which were made by Mazda only after multiple failures of the vehicles and repeated attempted repairs,” ACCC Chair Rod Sims said. “In short, our case is that Mazda gave these consumers the ‘run around’ while denying their consumer guarantee rights.” The ACCC alleges that the consumers were forced to contact Mazda multiple times over months and even years, as they continued to experience the faults with their vehicles. The consumers requested a refund or replacement vehicle from Mazda on multiple occasions, but these requests were denied.
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