consumer paragraphs Flashcards
ACCC POINTS
- NUROFEN - 2016
- 2022 ACCC SWEEPING SOCIAL MEDIA - 2023
- VOLTAREN - 2017
FEDERAL COURT POINTS
- TELSTRA - SMH 2018
- GETSWIFT - LAWYERS WEEKLY 2023
- APPLE - SMH - 2018
NCAT POINTS
- CAR ENGINE - 2015
- PEARCE V AQO - 2015
ASIC POINTS
- MERCER GREENWASHING - SMH - 2023
- SCAMWATCH - ACCC - 2017
ACCC V RECKITT BENICKSER (NUROFEN)
$1.6 MIL - $6 MIL
- SHOWS EFFECTIVENESS OF ACCC AS A REGULATOR
ACCC SWEEPING SOCIAL MEDIA
- RESPONDING TO CONTEMPORARY ISSUES
- MORE THAN 100 INFLUENCERS REPORTED
- SHOWS RESPONSIVENESS AS A REACTIVE MECHANISM
ACCC SUES VOLTAREN
- ONLY RESPONSIVE AFTER SOMETHING HAS ALREADY HAPPENED
- DIDN’T PROVIDE CONSUMER PROTECTION
- ENGAGED IN MISLEADING CONDUCT FOR 5 YEARS
TELSTRA PAYS $10 MILLION
- MISLED OVER 100,000 CONSUMERS
- PAYING MORE IN BILLING PAYMENTS
- BIGGEST PENALTY EVER AND COMPENSATED ALL PEOPLE EFFECTED
GETSWIFT
- SMH 2023
- 40 CONTRAVENTIONS OF THE CORPORATIONS ACT
- MISLEADING STATEMENTS ON THE ASX
APPLE
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
CAR ENGINE NCAT
AUTOMOBILE SHOP ORDERED TO REPAY CUSTOMERS
- ACCESSIBLE USE OF NCAT TO ENFORCE LEGAL RIGHTS
- HOLDS BUSINESSES ACCOUNTABLE AS CONSUMERS CAN EASILY APPLY FOR COMPENSATION
PEARCE V AQO
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”
ASIC MERCER GREENWASHING
- ASIC SUING MERCER
- ## $140,000 IN FINES FOR GREENWASHING ALREADY
ACCC INFORMATION
- 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
FEDERAL COURT INFORMATION
- 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
NCAT INFORMATION
- 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
ASIC INFORMATION
- 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
CHOICE INFORMATION
- 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
CHOICE ARGUMENT
- 85% OF PRAMS FAIL SAFETY TESTS
- CHOICE SLAMMED AS POLITICAL ORGANISATION 2016
85% OF PRAMS FAIL SAFETY TESTS
85% OF PRAMS FAIL CHOICE PRODUCT TESTS
- ENCOURAGES COOPERATION BUT NO ENFORCEABILITY
- LACK OF POWER TO CREATE QUICK AND LARGE SCALE CHANGE
SHONKY CHOICE SLAMMED AS POLITICAL ORGANISATION MASQUERADING AS CONSUMER GROUP - 2018
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
