consumers Flashcards
1
Q
Consumer Law
A
- Australian Competition and Consumer Act 2010 (ACL)
- Australian Communications and Media Authority (ACMA)
- Australian Competition and Consumer Commission (ACCC)
- Fair trading Act 2010
2
Q
Need for consumer protection
A
- development of technology creates more issues
- more steps from consumer to manufacturer involves higher incidence of crimes
- Unfair selling practices increased
3
Q
Consumer
A
- Person who purchases and uses goods and services less than 40,000
4
Q
Objectives of Consumer law
A
- expected that product is fit for purpose according to promised standards, fair conduct in contracts
- educate, set standards and provide remedies –> essay paragraphs
5
Q
Educate
A
- ACCC website
- ACMA Do Not Call register
- Regular reports, warnings, checks
6
Q
Set Standards
A
- ACL - enforces through warnings/courts
- Donoghue v Stevenson
- Takata Airbags
- Set standards for product manufacturing
- Set standard for marketing practices - Trivago, misleading advertising
- ACCC releases guidance on Free Range egg standards SMH 2018
7
Q
Provide remedies
A
- Samsung washing machines - warning and recall by samsung
- Product recall - Takata Airbags
- Refund, replace, recall, redress
8
Q
Contract
“All consumer transactions and agreements between offeror and offeree”
A
- Standards defined by ACL
- Written, oral and technological
1. Can be unconscionable - Commercial bank of Australia v Amadio 1983
- Ford ordered to pay $10 million for unconscionable conduct SMH 2018
- Includes expectations of consumer
* Donoghue v Stevension 1932
* “The doctor’s itchy underpants and Australia’s consumer protection laws” SMH 2018
* ACCC recalls jeans containing hazardous dye 2014 - exclusion clauses
* limits parties’ liability
* court may find negligence
* Alameddine v Glenworth valley horse riding 2015
8
Q
Contract
“All consumer transactions and agreements between offeror and offeree”
A
- Standards defined by ACL
- Written, oral and technological
1. Can be unconscionable - Commercial bank of Australia v Amadio 1983
- Ford ordered to pay $10 million for unconscionable conduct SMH 2018
- Includes expectations of consumer
* Donoghue v Stevension 1932
* “The doctor’s itchy underpants and Australia’s consumer protection laws” SMH 2018
* ACCC recalls jeans containing hazardous dye 2014 - exclusion clauses
* limits parties’ liability
* court may find negligence
* Alameddine v Glenworth valley horse riding 2015
8
Q
Contract
“All consumer transactions and agreements between offeror and offeree”
A
- Standards defined by ACL
- Written, oral and technological
1. Can be unconscionable - Commercial bank of Australia v Amadio 1983
- Ford ordered to pay $10 million for unconscionable conduct SMH 2018
- Includes expectations of consumer
* Donoghue v Stevension 1932
* “The doctor’s itchy underpants and Australia’s consumer protection laws” SMH 2018
* ACCC recalls jeans containing hazardous dye 2014 - exclusion clauses
* limits parties’ liability
* court may find negligence
* Alameddine v Glenworth valley horse riding 2015
9
Q
Negligence
A
- identifies duty of care, sets mandatory standards and defines actions for breaches
- duty of care - mandatory standards, Donoghue v stevenson, Doctors itchy underpants and acl 2015 SMH
- ACCC warnings, recalls and refunds, product safety standards - 2015 Samsung washing machine recall
- standards australia ngo
- Contracts - Alameddine v Glenworth valley 2015
10
Q
Regulation of marketing and advertising
A
- Direct marketing - spam act 2003, privacy act 1998, pop ups, woolworths fined for relentless spam, not having unsubscribe options
- Comparative advertising - promoted as fair, ACL misleading conduct laws, Trivago “misled consumers in favour of advertiser dollars smh 2020, fined by ACCC, no compensation for customers and does not deter
- Telemarketing - Optus fined 500k by ACMA, DNC register, 2021 the new daily: scam calls took more than 100 million, wine group pays 200k for telemarketing breaches
