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senior legal > consumer paragraphs > Flashcards

consumer paragraphs Flashcards

1
Q

ACCC POINTS

A
  1. NUROFEN - 2016
  2. 2022 ACCC SWEEPING SOCIAL MEDIA - 2023
  3. VOLTAREN - 2017
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2
Q

FEDERAL COURT POINTS

A
  1. TELSTRA - SMH 2018
  2. GETSWIFT - LAWYERS WEEKLY 2023
  3. APPLE - SMH - 2018
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3
Q

NCAT POINTS

A
  1. CAR ENGINE - 2015
  2. PEARCE V AQO - 2015
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4
Q

ASIC POINTS

A
  1. MERCER GREENWASHING - SMH - 2023
  2. SCAMWATCH - ACCC - 2017
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5
Q

ACCC V RECKITT BENICKSER (NUROFEN)

A

$1.6 MIL - $6 MIL
- SHOWS EFFECTIVENESS OF ACCC AS A REGULATOR

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6
Q

ACCC SWEEPING SOCIAL MEDIA

A
  • RESPONDING TO CONTEMPORARY ISSUES
  • MORE THAN 100 INFLUENCERS REPORTED
  • SHOWS RESPONSIVENESS AS A REACTIVE MECHANISM
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7
Q

ACCC SUES VOLTAREN

A
  • ONLY RESPONSIVE AFTER SOMETHING HAS ALREADY HAPPENED
  • DIDN’T PROVIDE CONSUMER PROTECTION
  • ENGAGED IN MISLEADING CONDUCT FOR 5 YEARS
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8
Q

TELSTRA PAYS $10 MILLION

A
  • MISLED OVER 100,000 CONSUMERS
  • PAYING MORE IN BILLING PAYMENTS
  • BIGGEST PENALTY EVER AND COMPENSATED ALL PEOPLE EFFECTED
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9
Q

GETSWIFT

A
  • SMH 2023
  • 40 CONTRAVENTIONS OF THE CORPORATIONS ACT
  • MISLEADING STATEMENTS ON THE ASX
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10
Q

APPLE

A

SMH 2018
APPLE COULD MAKE BACK $9 MILLION FINE IN MINUTES
- SHOWS INEFFECTIVENESS AS MOST SIGNIFICANT PENALTY IMPOSES NO DETERRENCE OR PUNISHMENT TO LARGE CORPORATIONS

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11
Q

CAR ENGINE NCAT

A

AUTOMOBILE SHOP ORDERED TO REPAY CUSTOMERS
- ACCESSIBLE USE OF NCAT TO ENFORCE LEGAL RIGHTS
- HOLDS BUSINESSES ACCOUNTABLE AS CONSUMERS CAN EASILY APPLY FOR COMPENSATION

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12
Q

PEARCE V AQO

A

AQO APPLIED FOR AN EXTERNAL REVIEW OF THE CONSUMER LAW ISSUE OF UNCONSCIONABLE CONDUCT HOWEVER IT WAS DEEMED “OUTSIDE THE JURISDICTION OF THE TRIBUNAL AND MUST BE DISMISSED”

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13
Q

ASIC MERCER GREENWASHING

A
  • ASIC SUING MERCER
  • ## $140,000 IN FINES FOR GREENWASHING ALREADY
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14
Q

ACCC INFORMATION

A
  • INDEPENDANT STATUTORY AUTHORITY
  • MAIN RESPONSIBILITY IS THE COMPETITION AND CONSUMER ACT 2010
  • AIM TO GIVE REDRESS TO COMSUMERS REGARDING FALSE AND MISLEADING CLAIMS HOWEVER THEY DONT BECAUSE OF AN INABILITY TO DETER NON-COMPLIANCE AND TAKING A REACTIVE APPROACH TO CONSUMER ISSUE RESOLUTION
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15
Q

FEDERAL COURT INFORMATION

A
  • PROSECUTE COMPANIES WHO BREACH THE ACL AND IMPOSE PECUNIARY PENALTIES
  • AS A LEGAL MECHANISM THEY ARE LIMITED BY THE ACL TO IMPOSE PENALTIES OVER $9 MILLION
  • NECESSARY BUSINESSES ARE PROSECUTED IN ACCORDANCE WITH THEIR REVENUE TO PREVENT FUTURE ISSUES
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16
Q

NCAT INFORMATION

A
  • ACCESSIBLE, COST EFFICIENT AND EFFECTIVE LEGAL MECHANISM
  • HEAVY EMPHASIS ON ALTERNATIVE DISPUTE RESOLUTION PROVIDED THROUGH A LESS FORMAL PROCESS
  • ESTABLISHED BY THE CAT ACT 2013 TO CONSOLIDATE THE WORK OF 22 TRIBUNALS
17
Q

ASIC INFORMATION

A
  • CORPORATE, MARKETS AND FINANCIAL SERVICES REGULATOR
  • EFFECTIVE LEGAL MECHANISM IN REDRESSING CONSUMER ISSUES AND HOLDS NON-COMPLIANT BUSINESSES ACCOUNTABLE
  • LACK OF REGULATION OF OVERSEAS SCAMS TARGETTING AUSTRALIANS
18
Q

CHOICE INFORMATION

A
  • NON-LEGAL MECHANISM
  • CREATES GREATER CONSUMER AWARENESS BY ALLOWING THEM TO MAKE INFORMED DECISIONS AND ENCOURAGES BUSINESSES TO AMEND FAULTY OR DANGEROUS PRODUCTS TO AVOID NEGATIVE PUBLICITY
  • SOMEWHAT INEFFECTIVE IN MAKING REDRESS AT IT LACKS ENFORCEABILITY AND ACTS OUT OF SELF INTEREST
19
Q

CHOICE ARGUMENT

A
  1. 85% OF PRAMS FAIL SAFETY TESTS
  2. CHOICE SLAMMED AS POLITICAL ORGANISATION 2016
20
Q

85% OF PRAMS FAIL SAFETY TESTS

A

85% OF PRAMS FAIL CHOICE PRODUCT TESTS
- ENCOURAGES COOPERATION BUT NO ENFORCEABILITY
- LACK OF POWER TO CREATE QUICK AND LARGE SCALE CHANGE

21
Q

SHONKY CHOICE SLAMMED AS POLITICAL ORGANISATION MASQUERADING AS CONSUMER GROUP - 2018

A

AFR CLAIMED CHOICE ‘PICKS ITS BATTLES TO MAXIMISE ITS OWN PROFILE’ IN RESPONSE TO CHOICE FAILURE TO RESPOND TO CONSUMER COMPLAINTS ABOUT COLES AND WOOLWORTHS
- LIMITS EFFECTIVENESS AS IT TARNISHES THEIR REPUTATION AS ON THE SIDE OF THE CONSUMER
- DOESN’T VOUCH FOR CONSUMER VOICE

senior legal (4 decks)

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