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Post by dieseltojo on Oct 10, 2023 10:30:27 GMT 10
Date 9 October 2023 All households with a solar storage system need to urgently check if the system has a recalled LG battery installed and should switch off affected batteries immediately, the ACCC has warned. When these batteries malfunction there is a serious risk of injury or death due to the affected batteries overheating and causing a fire. LG is now instructing all consumers with affected LG batteries in their solar energy storage system – which may be branded LG, SolaX, Opal, Red Earth, Eguana or VARTA - to switch their energy storage system off immediately and to keep it switched off until they are remediated. Consumers with affected LG batteries are urged to switch off and contact LG or SolaX to arrange remediation of the battery, which could include a free battery replacement or a software update, or a refund. “It is critically important that anyone with a solar energy storage system checks their battery’s serial number, as this recall has been updated to include new models, affected systems and dates of manufacture,” ACCC Deputy Chair Catriona Lowe said. “Even if you don’t have an LG-branded solar storage system, you may still have an LG branded battery that has been recalled. For peace of mind – check your system again and turn off your battery straight away if it has been recalled.” LG has agreed to provide financial compensation to consumers who have higher electricity bills as a result of not being able to use their battery. “Please put your safety first and follow this important advice to switch off. LG will compensate consumers who are out-of-pocket on their electricity bills as a result of switching off and not being able to use their battery,” Ms Lowe said. Further information is available at the Product Safety Australia website (see LG Energy Solution recalls: PRA 2020/18529 and PRA 2022/19550 and SolaX Power recall: PRA 2022/19420 ). What should consumers do? 1. Check if your LG battery has been recalled Visit www.lgessbattery.com/au, click on ‘Electrical Safety Recall’ and follow the instructions to find out if your battery is affected by the recall. If you need help, immediately contact LG Energy Solution Australia (LG) by phone on 1300 677 273 or by email to productau@lgensol.com. |
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Post by dieseltojo on Oct 10, 2023 12:26:09 GMT 10
www.accc.gov.au/media-release/accc-authorises-brookfield-and-midocean%E2%80%99s-acquisition-of-origin?utm_source=ACCC+media+alerts&utm_campaign=db91a7e67e-EMAIL_CAMPAIGN_2023_10_09_10_25&utm_medium=email&utm_term=0_0b94b1dddb-db91a7e67e-%5BLIST_EMAIL_ID%5DThe ACCC has granted authorisation with conditions for the proposed acquisition of Origin Energy (ASX: ORG) by Brookfield and MidOcean. The proposed acquisition comprises two interdependent transactions. The transactions will result in a consortium led by the Brookfield Global Transition Fund owning Origin’s energy markets business, including Origin’s electricity generation and electricity and gas retail businesses. MidOcean will own Origin’s upstream gas interests. Under the Competition and Consumer Act, the ACCC must not grant authorisation unless it is satisfied in all the circumstances that the proposed acquisition would not be likely to substantially lessen competition, or that the likely public benefits would outweigh the likely public detriments. “On the first limb of the test, we are not satisfied that the proposed acquisition would not be likely to substantially lessen competition. However, after a detailed review, we are satisfied that the proposed acquisition is likely to result in public benefits that would outweigh the likely public detriments,” ACCC Chair Gina Cass-Gottlieb said. “We found that the public benefits and public detriments in this matter were finely balanced. Likely detriments, particularly anti-competitive effects from vertical integration, had to be weighed against likely benefits to Australia’s renewable energy transition. We considered undertakings offered by Brookfield, AusNet and MidOcean in this weighing process.” “The ACCC considers that the acquisition will likely result in an accelerated roll-out of renewable energy generation, leading to a more rapid reduction in Australia’s greenhouse gas emissions,” Ms Cass-Gottlieb said. “The Brookfield Global Transition Fund has been specifically established to focus on the transition to renewable energy. Its decision to buy Origin, Australia’s fourth largest emitter of greenhouse gases, is driven by a strong imperative and commercial incentive to lower emissions quickly.”
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Post by dieseltojo on Oct 12, 2023 11:38:08 GMT 10
www.accc.gov.au/media-release/tesla-pays-penalties-for-alleged-breach-of-button-battery-safety-standards?utm_source=ACCC+media+alerts&utm_campaign=1a6715931b-EMAIL_CAMPAIGN_2023_10_11_11_18&utm_medium=email&utm_term=0_0b94b1dddb-1a6715931b-%5BLIST_EMAIL_ID%5DCar manufacturer Tesla Motors Australia Pty Ltd has paid penalties of $155,460 after the ACCC issued it with ten infringement notices for allegedly failing to comply with mandatory safety standards for products powered by button batteries, in breach of the Australian Consumer Law. The ACCC alleges Tesla failed to conduct the required safety tests before supplying three of its key fob models and two of its illuminated door sill models and failed to provide the mandatory safety warnings on these products as required by the standard. Australia’s world first mandatory product safety and information standards for button batteries came into effect in Australia in June 2022, following significant injuries and deaths caused by button batteries in Australia and overseas. Children can be attracted to button batteries and swallow them, or insert them into their nostrils, which can cause a chemical reaction that can burn through tissue and seriously injure vital organs. Three children have died in Australia after inserting or ingesting button batteries. “Button batteries can be lethal for young children, and the Australian mandatory standards are designed to reduce the risk of injury through testing of the safety of products containing them before they are sold, and explicit warnings on the packaging of the products,” ACCC Deputy Chair Catriona Lowe said. “Any failure to test these products before they are sold poses an unacceptable risk to children. We expect all companies, large and small, to comply with the mandatory button battery standards to ensure children are protected from the dangers of button batteries.”
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Post by dieseltojo on Oct 12, 2023 11:39:05 GMT 10
www.accc.gov.au/media-release/caravan-industry-warned-against-misleading-price-and-caravan-weight-claims?utm_source=ACCC+media+alerts&utm_campaign=974df0b247-EMAIL_CAMPAIGN_2023_10_12_12_09&utm_medium=email&utm_term=0_0b94b1dddb-974df0b247-%5BLIST_EMAIL_ID%5DDate 12 October 2023 The ACCC is putting the caravan industry on notice that the use of misleading representations in advertising is in breach of the Australian Consumer Law and may result in strong enforcement action being taken against retailers. A recent example identified by the ACCC involved ‘price certainty’ representations in which a small retailer told a number of customers the price of the caravan they ordered was fixed, but subsequently sought to increase the price (while also giving the customer an alternative option to cancel the contract). The fixed price representation had also been made despite the contract allowing the retailer to pass on manufacturers’ price increases. Another example of concern to the ACCC involved allegedly false or misleading representations regarding caravan weights which were not accurate. The warnings follow ACCC investigations into the practices of several caravan retailers, and commitments from two smaller caravan retailers to improve disclosures to consumers and compliance with the Australian Consumer Law. “Businesses must not mislead consumers about prices or contractual terms relating to pricing,” ACCC Commissioner Liza Carver said. “Businesses must also ensure they do not mislead consumers about important features of a product, such as the weight, or tonnage, of a caravan.” “We are concerned that several small and mid-sized caravan retailers may be failing to comply with their obligations under the Australian Consumer Law, and we will continue to investigate complaints and engage with retailers and caravan manufacturers to ensure compliance,” Ms Carver said. “It’s important that businesses of all sizes appreciate they have the same obligations to consumers under the Australian Consumer Law as large retailers.”
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Post by dieseltojo on Oct 12, 2023 11:40:00 GMT 10
www.accc.gov.au/media-release/accc-not-satisfied-authorisation-of-coordination-between-electricity-industry-participants-is-necessary?utm_source=ACCC+media+alerts&utm_campaign=bd59069e8d-EMAIL_CAMPAIGN_2023_10_12_01_33&utm_medium=email&utm_term=0_0b94b1dddb-bd59069e8d-%5BLIST_EMAIL_ID%5DDate 12 October 2023 The ACCC is proposing in a draft determination to deny authorisation for the Australian Energy Market Operator (AEMO) and electricity industry participants in the National Electricity Market to coordinate the scheduling of repairs, maintenance, renewals upgrades and new connections and associated information sharing. The ACCC recognises the challenges in the transition to increased reliance on renewable electricity sources and has taken into account the current energy market reforms designed to better equip AEMO and the electricity industry to manage the National Electricity Market. “While there are challenges arising from the transition towards renewable electricity, currently we do not consider that the proposed coordination would significantly increase AEMO’s ability to manage the scheduling of outages,” ACCC Acting Chair Mick Keogh said. Coordination and information sharing between competitors can breach competition laws. ACCC authorisation provides statutory protection from court action for conduct that could raise concerns under the competition provisions of the Competition and Consumer Act (CCA). The ACCC can only authorise these arrangements if the public benefits from the coordination outweigh the detriment. “We are not currently satisfied that the proposed coordination is likely to result in public benefits that would outweigh the likely harm to competition, given AEMO’s existing powers,” Mr Keogh said. The ACCC considers that the reforms recently implemented, soon to be implemented and those currently being contemplated by the Australian Energy Market Commission will further assist AEMO to manage the scheduling of outages during the transition to renewable electricity generation. Conditional interim authorisation for these arrangements remains in place while AEMO and electricity industry participants have the opportunity to respond to the draft determination, before the ACCC makes it final decision.
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Post by dieseltojo on Oct 17, 2023 12:48:50 GMT 10
Date 17 October 2023 The ACCC has accepted NBN Co’s latest proposed variation to its Special Access Undertaking (SAU), which includes measures designed to protect consumers from sharp price rises, reduce barriers to entry for new retailers and create incentives to fix systemic issues that drive poor NBN consumer experience. The SAU sets the rules for how broadband providers will access the NBN over the coming decades and will apply until 2040. “The NBN is a critical piece of national infrastructure that is central to Australia’s digital economy. Every day, millions of Australians use the NBN for work, commerce, education and entertainment,” ACCC Commissioner Anna Brakey said. “The SAU applies ground rules to the NBN and is the regulation through which we can encourage efficient investment in and efficient use of the network.” “We are satisfied that NBN Co’s latest SAU variation proposal promotes the long-term interests of Australians, which is the primary objective of the test that we have to apply,” Ms Brakey said. More stable pricing to protect consumers from price hikes The new SAU introduces long term pricing commitments that will restrict any annual increase in NBN Co’s average wholesale price to no more than the change in the consumer price index. This would apply until NBN Co’s revenue reaches efficient costs, which is expected to occur around 2030. |
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Post by dieseltojo on Oct 25, 2023 12:10:39 GMT 10
www.accc.gov.au/media-release/jeep-distributor-to-improve-complaints-handling-for-consumer-guarantee-claims?utm_source=ACCC+media+alerts&utm_campaign=582725b1f1-EMAIL_CAMPAIGN_2023_10_25_01_07&utm_medium=email&utm_term=0_0b94b1dddb-582725b1f1-%5BLIST_EMAIL_ID%5DDate 25 October 2023 Stellantis Australia, the importer and distributor of Jeep vehicles in Australia, has undertaken to address ACCC concerns about the way it has handled complaints by consumers who have experienced problems with their Jeep vehicles, in a court-enforceable undertaking accepted by the ACCC. The ACCC investigated Stellantis Australia’s response to consumer guarantee complaints after receiving many complaints from consumers about Jeep vehicles and their difficulties in obtaining remedies under the consumer guarantees which are in the Australian Consumer Law. The reasons for the complaints included lengthy delays in obtaining a remedy, vehicles requiring multiple repairs for the same issues, and delays in parts being provided. Stellantis Australia has acknowledged the ACCC’s concerns that its staff may not have properly understood the company’s consumer law obligations when dealing with customer complaints, due to deficiencies in its internal policies. “Consumers have rights under the Australian Consumer Law, which are independent of manufacturers’ warranties. Businesses should have appropriate systems in place to ensure they do not mislead consumers about these rights and must comply with their obligations if customers experience problems with a product or service they have purchased,” ACCC Deputy Chair Mick Keogh said. Under the court-enforceable undertaking, Stellantis Australia will review its procedures for handling customer complaints and make any necessary changes to ensure that consumers who experience a ‘major failure’ with their vehicle are given the refund or replacement they are entitled to. As part of the court-enforceable undertaking, Stellantis Australia will also ensure that all customers who buy a new Jeep vehicle are advised in writing of their consumer guarantees rights. In addition, the undertaking ensures that consumers who seek to rely on their consumer guarantee rights and request a refund or replacement vehicle, receive a written response and, if applicable, are informed of the reasons why Stellantis Australia has not agreed to the requested remedy.
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Post by dieseltojo on Dec 7, 2023 15:21:14 GMT 10
www.accc.gov.au/media-release/scrutiny-of-influencers-and-businesses-for-misleading-advertising-and-online-reviews-continues?utm_source=ACCC+media+alerts&utm_campaign=dd6bc48e99-EMAIL_CAMPAIGN_2023_12_06_10_02&utm_medium=email&utm_term=0_0b94b1dddb-dd6bc48e99-%5BLIST_EMAIL_ID%5DDate 7 December 2023 The ACCC is providing an update on the next steps in its ongoing work to scrutinise misleading online reviews and influencer endorsements. Two short reports, released today, outline details of the findings of the ACCC’s recent internet sweeps of social media influencers and online reviews. “The next steps in our continuing scrutiny of these important parts of the online economy include developing strong guidelines for online operators so they clearly know what we expect, before a renewed focus on enforcement,” ACCC Acting Chair Catriona Lowe said. “Influencers and businesses need to review their practices and improve compliance with the Australian Consumer Law to ensure consumers can trust the information they find online.” Of the 118 social media influencers reviewed in the ACCC’s influencer sweep, 81 per cent were found to be making posts that raised concerns under the Australian Consumer Law for potentially misleading advertising. The sweep reviewed influencers across seven sectors, with most influencers in each sector making concerning posts. This ranged from 96 per cent of fashion influencers reviewed making concerning posts to 73 per cent of gaming and technology influencer posts raising concern.
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Post by dieseltojo on Dec 12, 2023 5:24:11 GMT 10
www.accc.gov.au/media-release/major-car-parts-supplier-and-retailers-pay-penalties-for-alleged-breaches-of-button-battery-standard?utm_source=ACCC+media+alerts&utm_campaign=6a6666061c-EMAIL_CAMPAIGN_2023_12_11_01_18&utm_medium=email&utm_term=0_0b94b1dddb-6a6666061c-%5BLIST_EMAIL_ID%5DDate 11 December 2023 Repco, Supercheap Auto and Innovative Mechatronics Group (IMG) (an automotive electrical parts supplier), have each paid penalties after the ACCC issued them with infringement notices for supplying aftermarket car key remotes that allegedly breached warning requirements for products powered by button batteries. The ACCC issued four infringement notices to IMG in relation to four different models of Mechatronic Auto Parts branded replacement car key remotes supplied by IMG to Repco and Supercheap Auto that allegedly failed to include the required safety warning labels about the hazards associated with button batteries. IMG paid $59,640 in penalties. The ACCC also issued two infringement notices to each of Repco and Supercheap Auto for supplying two types of car key remote products to consumers. Repco and Supercheap Auto paid $33,000 and $26,640, respectively, in penalties. Mandatory safety and information standards were introduced in Australia in June 2022, following significant injuries and the death of three children caused by button batteries. The information standard requires warning information and safety advice to be displayed on packaging and batteries. While the packaging of the car key remotes supplied by IMG and sold to consumers by Repco and Supercheap Auto featured a QR code that linked to a website that contained a warning symbol and information about button batteries, the ACCC considered this did not meet the requirements of the mandatory information standard. “Button batteries are incredibly dangerous for young children. All businesses, including manufacturers, importers, distributors and retailers, involved in the supply chain for button batteries or products powered by them must comply with the mandatory safety and information standards to help keep Australian children safe,” ACCC Acting Chair Catriona Lowe said. “The mandatory button battery information standards were introduced to prevent serious injuries and death by requiring clear safety warning labels on product packaging so consumers are alert to the dangers of button batteries. Requiring consumers to take an extra step to access this vital information is not acceptable in our view.” “Car key remotes and fobs are everyday household items that are tempting toys for young children, and frequently within their reach. These types of products must have explicit and clearly visible warnings,” Ms Lowe said. “We urge parents and caregivers to check the home for unsecured or loose button batteries and to keep products containing them away from young children. Products that were purchased before the mandatory standards were introduced in June 2022 should be thoroughly examined.” Consumers who purchased an Innovative Mechatronics Group car key remote can check to see if it’s been recalled on the Product Safety website
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Post by dieseltojo on Dec 12, 2023 9:01:49 GMT 10
www.accc.gov.au/media-release/accc-releases-eight-principles-to-guide-businesses%E2%80%99-environmental-claims?utm_source=ACCC+media+alerts&utm_campaign=2d7171a8b9-EMAIL_CAMPAIGN_2023_12_11_10_00&utm_medium=email&utm_term=0_0b94b1dddb-2d7171a8b9-%5BLIST_EMAIL_ID%5D“Misleading environmental and sustainability claims continue to be an enforcement and compliance priority for the ACCC, and we have several active investigations underway,” Ms Lowe said. The ACCC has today published eight principles to help businesses ensure any environmental marketing and advertising claims they make about their products or services are clear and accurate, and do not mislead consumers. The principles comprise the ACCC’s final guidance on environmental claims, which sets out the ACCC’s view of good practice when making environmental claims, as well as making businesses aware of their obligations under the Australian Consumer Law. “Our final guidance helps to demonstrate how businesses can make clear, evidence-based environmental claims that consumers can understand and trust,” ACCC Acting Chair Catriona Lowe said. “Environmental claims are useful for consumers when they can easily understand what the environmental benefit is, and if there are any restrictions that can limit this benefit.” Ensuring such claims are clear and accurate not only helps consumers making purchasing choices, but also means the right incentives are in place for businesses to compete fairly and differentiate themselves based on genuine investment and innovation. “As we transition to a greener economy, we need businesses to drive market innovation by investing in and choosing products and services with the lowest environmental impact,” Ms Lowe said. “For consumers to drive change, they need to be able to trust that the products and services they are buying genuinely are sustainable, and businesses making real efforts to deliver benefits should not be disadvantaged by rivals making disingenuous claims.” The final guidance incorporates feedback from over 150 stakeholders across consumer, business and environmental organisations on the ACCC’s draft version of the guidance. “Misleading environmental and sustainability claims continue to be an enforcement and compliance priority for the ACCC, and we have several active investigations underway,” Ms Lowe said. “Our final guidance is intended to improve compliance by helping businesses make meaningful and truthful claims that meet their obligations under the Australian Consumer Law.” The ACCC is aware that many businesses have genuinely changed how they operate in response to consumers’ increased environmental consciousness. “Where a business has genuinely changed how they operate to be more sustainable, we want them to have the confidence to tell their customers about these changes. We also want them to be able to legitimately market their products or services to consumers seeking a more sustainable option.” “Environmental claims are often technical and can be difficult for businesses to communicate clearly. By following the principles in our guidance, businesses can more confidently make meaningful claims that consumers can understand and trust.” “It is important for businesses to consider whether they are exaggerating the environmental benefits of their product or services and whether they have a reasonable basis to make the claims, otherwise they risk breaching the Australian Consumer Law,” Ms Lowe said. The final guidance is available on the ACCC website at Making environmental claims: A guide for business In early 2024, the ACCC will release further guidance for businesses and consumers on emission and offset claims, as well as the use of trust marks. The ACCC will also develop guidance to help consumers confidently assess and rely on environmental claims. The eight key principles are: 1. Make accurate and truthful claims 2. Have evidence to back up your claims 3. Don’t hide or omit important information 4. Explain any conditions or qualifications on your claims 5. Avoid broad and unqualified claims 6. Use clear and easy-to-understand language 7. Visual elements should not give the wrong impression 8. Be direct and open about your sustainability transition
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Post by dieseltojo on Dec 12, 2023 15:01:48 GMT 10
www.accc.gov.au/media-release/fitbit-to-pay-11m-in-penalties-for-misrepresentations-about-consumer-guarantee-rights?utm_source=ACCC+media+alerts&utm_campaign=fc94decb23-EMAIL_CAMPAIGN_2023_12_12_03_55&utm_medium=email&utm_term=0_0b94b1dddb-fc94decb23-%5BLIST_EMAIL_ID%5DDate 12 December 2023 The Federal Court has ordered US-based Fitbit LLC to pay penalties of $11 million after it admitted making false, misleading or deceptive representations to 58 consumers about their consumer guarantee rights to a refund or a replacement after they claimed their device was faulty. This is the second time a company within the Fitbit Group has come to the ACCC’s attention regarding conduct involving consumer guarantee rights. “In this case, consumers may have incurred additional expense and inconvenience paying for repairs or replacement products because they were told false and misleading information about their consumer guarantee rights,” Acting ACCC Chair Catriona Lowe said. “All products sold to consumers come with a guarantee that goods are of acceptable quality, and retailers must provide a remedy for faulty goods if this guarantee has not been met, which includes repair, replacement or refund, depending on the circumstances.” Specifically, Fitbit admitted that its customer service staff told 40 consumers (between about November 2020 and February 2022) they did not have a right to a replacement product because Fitbit’s two-year ‘warranty period’ had expired. Of those 40 consumers, 39 had contacted Fitbit about a problem with a replacement product, and Fitbit represented that the warranty period was that of the original device, which had expired. In one example, a consumer complained to Fitbit about a faulty device that had recently been provided as a replacement for the original faulty device by Fitbit. The purchase date for the original device was more than two years ago. The Fitbit customer service representative agreed the new device was defective but informed the customer that they were not eligible for a replacement, saying “Your device does not meet the requirements for a replacement…. based… on the original purchase date.” Fitbit also admitted that its staff told 18 other consumers (between about May 2020 and February 2022) they did not have a right to a refund unless they returned the faulty product ‘within 45 days of purchase’. In another example, a consumer claimed to be experiencing technical issues with their Fitbit device and ultimately requested a refund, when they were advised they did not meet the requirements for a refund and told: “To be eligible for a refund, there are two requirements needed: * Within 45 days upon shipment of the device. * Purchased directly from Fitbit online web store.” Fitbit admitted that its representations were false or misleading, and that they constituted conduct that was misleading or deceptive conduct, or likely to mislead or deceive. In fact, all consumers have consumer guarantee rights under the Australian Consumer Law, and when the guarantee that goods are of acceptable quality has not been met, consumers are entitled to applicable remedies including for replacement goods, which cannot be restricted in any way. Fitbit apologised for its conduct and the Federal Court recognised that the compliance measures implemented under a 2018 court-enforceable undertaking by Fitbit (Australia) Pty Ltd did not prevent the contraventions. “We took this action as a reminder to Fitbit, and other businesses, that they must honour their customer’s consumer guarantee rights without restrictions and not mislead consumers about these rights,” Ms Lowe said. “We are pleased Fitbit admitted its misconduct, especially since this is the second time we have had to respond to a company in the Fitbit group with concerns about representations involving consumer guarantee rights.” The parties filed joint submissions, a statement of agreed facts and admissions and joint proposed orders. Background Fitbit LLC (previously Fitbit Inc) is a consumer electronics and fitness company based in the United States of America which provides health and fitness devices, including wearable trackers. Fitbit, Inc was a publicly listed company on the New York Stock Exchange until January 2021, when it was acquired by Google and became Fitbit LLC. Fitbit is responsible for the operation of Fitbit’s customer support services internationally, including for Australian consumers. It provides its customers support services through representatives based overseas, primarily in the Philippines. Australian consumers can access customer support either through the Fitbit website or the Fitbit mobile app. Fitbit (Australia) Pty Ltd is a related company of Fitbit, which manages Fitbit’s relationships with its third-party retailers in Australia, and Australian marketing and promotional activities. In Australia, Fitbit products can be purchased directly from Fitbit’s website or from third party retailers. In May 2018, Fitbit (Australia) Pty Ltd, gave the ACCC a court-enforceable undertaking after it acknowledged that representations it made to consumers about warranties for faulty products may have contravened the Australian Consumer Law. It was not alleged the conduct subject to this judgment was a breach of the 2018 undertaking. In October 2022, the ACCC instituted Federal Court proceedings against Fitbit LLC for alleged false and misleading representation to consumers about their consumer guarantee rights.
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Post by dieseltojo on Dec 15, 2023 17:12:55 GMT 10
www.accc.gov.au/media-release/honda-to-pay-6m-in-penalties-for-misleading-consumers-about-dealership-closures?utm_source=ACCC+media+alerts&utm_campaign=6d32634a2b-EMAIL_CAMPAIGN_2023_12_15_06_51&utm_medium=email&utm_term=0_0b94b1dddb-6d32634a2b-%5BLIST_EMAIL_ID%5DThe Federal Court today decided it would impose penalties totalling $6 million on Honda Australia Pty Ltd, accepting Honda engaged in misleading or deceptive conduct, and made false or misleading representations to customers of former authorised Honda Australia dealerships Brighton Automotive Holdings Pty Ltd (Astoria), Tynan Motors Pty Ltd (Tynan) and Buick Holdings Pty Ltd (Burswood). The ACCC alleged that between about January 2021 and June 2021, Honda Australia represented to customers of Astoria, Tynan and Burswood that the dealerships would close or had closed and would no longer service Honda vehicles, when this was not the case. These representations were allegedly made in emails, text messages and phone conversations with customers. The communications were made in the context of Honda Australia restructuring which resulted in some franchise agreements with authorised dealers being terminated, including agreements with Astoria, Tynan and Burswood. The Astoria, Tynan and Burswood dealerships continued to operate independent service centres to service and repair vehicles, including Hondas. Honda Australia admitted that in certain statements to thousands of customers it had breached the Australian Consumer Law by making misleading representations that the dealerships had closed and would no longer service Honda vehicles. The company contested that other statements about the dealerships alleged by the ACCC were also in breach and the Federal Court concluded that these additional statements did not contravene the Australian Consumer Law. “We took this case because we believed Honda Australia’s conduct harmed the dealerships and their customers,” ACCC Commissioner Liza Carver said. “Honda Australia deprived consumers of the opportunity to make an informed choice about their options for servicing their vehicle. It also caused likely financial loss to the dealerships by the false claim they were closing or had closed.”
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Post by dieseltojo on Mar 22, 2024 7:50:25 GMT 10
This is just general info… www.accc.gov.au/media-release/telcos-to-pay-a-total-of-335-million-for-misleading-statements-about-nbn-maximum-speedsScam warning: Be aware that scammers may use this media release to access your computer or elicit personal information from you. The ACCC would never ask for your details or payment. Never give anyone contacting you out of the blue access to your computer, personal information or money. If you have given information to a scammer or lost money, contact your bank immediately. Report scams to Scamwatch here. Telstra was ordered to pay $15 million, Optus was ordered to pay $13.5 million, and TPG ordered to pay $5 million in penalties for breaching the Australian Consumer Law (ACL) by making false or misleading statements in relation to their 50Mbps or 100Mbps fibre to the node (FTTN) plans. By making statements on their websites, in emails to consumers or in telesales, Telstra, Optus and TPG each promised to tell consumers within a reasonable timeframe if the speeds they were paying for could not be reached on their NBN connections. They each also said they would offer these consumers options, including to move to a cheaper plan with a refund, if they could not achieve the maximum speed on their plans. Telstra, Optus, and TPG each admitted that their statements were false or misleading, in breach of the ACL, because they did not have adequate systems, processes and policies in place to ensure they would do what they said they would. The false or misleading statements representations made by the three providers affected nearly 120,000 consumers in total and were made for at least 12 months in 2019 and/or 2020. |
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Post by dieseltojo on Mar 29, 2024 12:51:14 GMT 10
Internet performance in busy hours improves under new NBN pricing | ACCC
Broadband speed performance in the peak-demand period of 7-11pm (busy hours) has improved significantly for users of NBN ‘Home Ultrafast’ 1000 Mbps services, following the removal of capacity-based charging under NBN Co’s new wholesale pricing structure.
The ACCC’s latest Measuring Broadband Australia report, which covers December 2023, shows that NBN ‘Home Ultrafast’ services achieved average hourly download speeds of 818-851 Mbps throughout the day, compared to 686-851 Mbps in the last September 2023 report. In both reports, the minimum hourly speed occurred at 8pm.
Download performance in the busy hours on NBN 100 Mbps and 250 Mbps fixed-line plans was marginally higher than the ACCC’s previous Measuring Broadband Australia report.
“Under NBN Co’s old wholesale pricing regime, very high-speed services faced more constraints during the busy hours compared to the lower speed fixed-line plans,” ACCC Commissioner Anna Brakey said.
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Post by dieseltojo on Apr 20, 2024 17:44:29 GMT 10
GLAD bags manufacturer in court for '50% ocean plastic' claims | ACCC
GLAD bags manufacturer in court for '50% ocean plastic' claims
The ACCC has instituted proceedings in the Federal Court against Clorox Australia Pty Ltd, the manufacturer of GLAD-branded kitchen and garbage bags, for allegedly making false or misleading representations that certain kitchen and garbage bags were partly made of recycled ‘ocean plastic’, in breach of the Australian Consumer Law.
The ACCC alleges that Clorox represented that its GLAD Kitchen Tidy Bags and Garbage Bags were comprised of 50 per cent recycled ‘ocean plastic’ collected from an ocean or sea, when that was not the case.
The ACCC alleges that these GLAD kitchen and garbage bags were instead partly made from plastic that was collected from communities in Indonesia up to 50 kilometres from a shoreline, and not from the ocean or sea.
“We allege that the headline 'ocean plastic' statements and wave imagery on the GLAD bag packaging, and the use of blue coloured bags, created the impression that these GLAD bags were made from plastic waste collected from the ocean or sea, when this was not the case,” ACCC Chair Gina Cass-Gottlieb said. |
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