Consumer Protection Law & Lawyers

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NEWS, UPDATES & ALERTS - Consumer Protection Law & Lawyers:

The NEW Australian Consumer Law (ACL)

replaces a wide range of existing national, state and territory consumer laws, and aims to clarify understanding of the law by both consumers and businesses;

is a schedule to the Competition and Consumer Act 2010 (Cth) ("C&CA"), the new name given to the TPA to more accurately reflect its purpose and scope;

is applied as a law of the Commonwealth. Each state and territory will make the provisions of the ACL a law of its jurisdiction so that the same laws apply across Australia;

-can be enforced by all courts and tribunal, including the courts and tribunals of the states and territories;
-is administered by the Australian Competition and Consumer Commission (ACCC) and, in Victoria, by Consumer Affairs Victoria (CAV); and
-is generally reflected in similar provisions in the ASICA, so that financial products and services are treated in the same way.

If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here.

There are two major benefits to the Competition and Consumer Act 2010, which replaces the Trade Practices Act as the main piece of legislation covering consumer rights and protection in Australia. Firstly, it incorporates a nationally-agreed set of consumer protections, the Australian Consumer Law (ACL), meaning there’s now consistency in consumer protection strategies across all Australian states. (That’s good news for businesses as well as consumers, as it means that there’s no need to keep abreast of different rules for interstate customers.) Secondly, it provides much more specific rules regarding perennial annoyances such as telemarketers.

The new elements of the laws, which will be enforced by the Australian Competition and Consumer Commission (ACCC), cover three main areas, which are outlined below below.

Guarantees

Fully-defined statutory guarantee rights apply to all products and services sold in Australia. While there are nine specific rights regarding goods and three regarding services, the essential rules are as follows:

1. Goods must be of acceptable quality (taking account of their price and nature), and fit for the purpose they were designed for.
2. Goods must match any description made of them and any sample shown. If you’re buying a product for a particular purpose, make sure you discuss this explicitly with the salesperson. If in doubt, get it in writing.
3. Spare parts and servicing must be available for products for a “reasonable time” after sale.
   Services must be carried out with due care and skill, and achieve any result specified. If a plumber promises to fix a leak and the leak continues, the onus is on the plumber to repair it.

There are no explicitly specific periods specified for how long goods must be functional for, since this varies enormously depending on the product category. However, as the ACCC has made clear with recent discussions with phone companies, products provided as part of a contract like mobile phones must remain operable and serviceable for the duration of those contracts.

Businesses can extend these rights — for instance by offering a more specific or longer warranty — but they can’t reduce or ignore them. A business might reasonably argue that the conditions applying to an item sold as a “second” are different, but they can’t opt out altogether. As a consumer, you wouldn’t be able to complain about a stitching flaw in a “seconds” pair of jeans, but if they fell apart the first time you put them on, you’d likely be entitled to ask for a replacement or refund, since they don’t meet their intended purpose at all.

The law also clarifies how problems are to be remedied. If the issue with a product is “major” — defined by the ACCC as “one that is so severe that a reasonable consumer would not have bought the good or service if they had fully understood the problem with it” — then the consumer can choose whether they want a refund, replacement or repair, and the vendor can’t object to their choice. For less severe problems, that decision can be made by the supplier.

Unfair selling practices

The big improvement here is laws which limit the hours when door-to-door salespeople may visit and telemarketers can call. Door-to-door salespeople can’t show up before 9am or after 6pm on weekdays, before 9am or after 5pm on Saturdays, or at any time on Sundays or public holidays. Telemarketers unfortunately still have a little more wriggle room: they can’t call before 9am or after 8pm on weekdays, but have the same rules for weekends and public holidays as their door-to-door bretheren.

Any such salespeople must also provide a clear written statement outlining the total price of the deal, the cooling off period during which the contract can be withdrawn from, and the termination conditions associated with the contract. As well, providing unsolicited products and services and then seeking payment is banned.

Unsafe products

These are now covered by a national register. Businesses must notify the ACCC within two days of becoming aware that they may have supplied an unsafe product. Consumers can report unsafe products via the Product Safety Australia site.

Consumer protection laws don’t give you the right to demand a refund because you’ve changed your mind, or because your shiny new phone has been run over by a truck. But they do ensure that you have well-defined legal rights when problems occur.

Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. Consumer Protection laws are a form of government regulation which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

If you need legal help regarding consumer protection law, then please complete your free legal enquiry form on the right, or click here.

Consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing.

Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.

Consumer protection resources, links and further information:

Australian Competition and Consumer Commission (ACCC)
The Australian Competition and Consumer Commission is an independent Australian Government statutory authority. It was formed in 1995 to administer the Trade Practices Act 1974 and the Prices Surveillance Act 1983. The ACCC promotes competition and fair trade in the market place to benefit consumers, business and the community. It also regulates national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws. In fair trading and consumer protection its role complements that of the state and territory consumer affairs agencies which administer the mirror legislation of their jurisdictions, and the Competition and Consumer Policy Division of the Commonwealth Treasury.
http://www.accc.gov.au/

Australian Consumer Law
As of 1 January 2011, Australia has a single, national consumer law: Australian Consumer Law (ACL). The ACL includes unfair contract terms law, law guaranteeing consumer rights when buying goods and services, product safety law, law for unsolicited consumer agreements, rules for lay-by agreements and new penalties, enforcement powers and consumer redress options. The ACL applies nationally and in all states and territories.
http://www.consumerlaw.gov.au

Consumer and business directory search
Search the Consumer and business directory for the contact details of over 1600 private, community and government organisations.

For consumers
This section of the Australian Competition and Consumer Commission site provides information on the rights of the consumer, such as guarantees, warranties and refunds and internet shopping. Also covers issues relating to phones, misleading conduct, GST and pricing, medical and health services, professional services and international consumer issues.
http://www.accc.gov.au/content/index.phtml/tag/ForConsumers/

Ministerial Council on Consumer Affairs (MCCA)
Consists of all Commonwealth, State, Territory and New Zealand Ministers responsible for fair trading, consumer protection laws and credit laws. The role of MCCA is to consider consumer affairs and fair trading matters of national significance and, where possible, develop a consistent approach to those issues.
http://www.consumer.gov.au/

National consumer credit regulation
This section of the Australilan Securities and Investments Commission site provides information about National consumer credit regulation, registration and licensing.
http://www.asic.gov.au/credit

Product Safety Australia
The website is designed to give consumers, businesses and other interested parties a single entry point to information that helps to minimise risks associated with unsafe products.
http://www.productsafety.gov.au/

Product safety email alerts
Subscribe to Product Safety Australia to receive overnight email alerts for new and updated content on any of the product categories.

Product Safety Recalls Australia
View all Australian recalls and sign up for email notifications of product recalls as they happen.
http://www.recalls.gov.au/

Product safety recalls email alerts
Subscribe to Product Safety Recalls Australia to receive overnight alerts on one or more product recall categories.

Protect your financial identity
This website provides information for both individuals and businesses about how to protect your financial identity in everyday life and minimise the damage if a problem occurs.
http://www.protectfinancialid.org.au/

Scams - reports and complaints
If you've been scammed or think you have seen a scam, there are many government agencies in Australia that you can contact for advice or to make a report.

Scamwatch
SCAMwatch, by the Australian Competition & Consumer Commission (ACCC), provides information to consumers and small business about how to recognise, avoid and report scams. If you lose money to a scam, it is unlikely that you will be able to recover your loss. Prevention is definitely a better option when it comes to scams.
http://www.scamwatch.gov.au/

Your rights and safeguards
Australian Communications and Media Authority page covering your right to a telephone service, the service guarantee for connection and repair of faults, interim and alternative services, priority assistance, terms and conditions of service, untimed local calls, service for people with disabilities or special needs and codes of practice.
http://www.acma.gov.au/ACMAINTER.131402:STANDARD::pc=PC_2030

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