Businesses should be aware that competition and consumer laws still apply during the COVID-19 pandemic. However, the ACCC will be prioritising its focus on the competition and consumer issues of most relevance arising from the impact of COVID-19. The ACCC has established a COVID-19 Taskforce focusing on early intervention to address immediate problems being faced by consumers and to communicate directly with businesses and inform them about their obligations in relation to cancellations, refunds and suspension of services as a result of the pandemic.
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Stephens Lawyers & Consultants* The Australian Consumer Law[i] provides consumers with rights and remedies against suppliers (including on-line retailers) and manufacturers of goods or services acquired by them that do not comply with consumer guarantees. The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to… Read More
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In February 2021 the Australian Competition and Consumer Commission (‘ACCC’), the agency responsible for enforcement of competition, consumer and product safety laws in Australia issued its 2021 Compliance and Enforcement Policy and Priorities [i]. The ACCC’s focus is again on product safety consumer protection and competition issues, particularly in the context of the COVID-19 pandemic [ii]…. Read More
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by Katarina Klaric, Principal, Stephens Lawyers & Consultants Knowing the advertising laws that apply to the marketing and advertising of a particular product or services is critical to avoid breaches resulting in fines and court proceedings. The recent case of Lorna Jane “Anti-virus Activewear” advertising and marketing campaign provides an example of how an advertising… Read More
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By Katarina Klaric, Principal, Stephens Lawyers & Consultants All marketing and advertising must comply with The Australian Consumer Law, which prohibits content which is misleading or deceptive or likely to mislead or deceive or contains false representations in respect of the products or services being advertised[i]. In addition, there are industry, product or audience specific… Read More
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