The Australian Competition and Consumer Commission (‘ACCC’) has issued its 2022/23 Compliance and Enforcement Policy and Priorities. The ACCC’s priorities for 2022/23 include a focus on manipulative or deceptive advertising and marketing practices in the digital economy, environmental claims and sustainability.
Read moreby 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
Read moreThe consumer guarantees provided under the Australian Consumer Law (‘ACL’) cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty. The ACL 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. Is your business compliant?
Read moreThe ACCC 2020 Compliance and Enforcement Policy identifies a number of key areas which will be the subject of ACCC scrutiny. These include: retailers’ and manufacturers’ compliance with consumer guarantee laws; competition and consumer issues in the funeral services sector; competition and consumer issues relating to digital platforms; ensuring small businesses receive the protections of the competition and consumer laws, with a focus on the Franchising Code of Conduct; misleading conduct in sale and promotion of food products; competition and consumer issues in the commercial construction sector.
Read moreStandard form contracts are being subjected to increased scrutiny for unfair contract terms by regulators. On-line terms and conditions are of particular concern because consumers are often given no choice but to accept onerous or unfair terms if they wish to proceed with the purchase of goods or services. In this update, Stephens Lawyers & Consultants discuss some recent ACCC enforcement proceedings in respect of unfair contract terms and offer some strategies for minimising the risk of terms being declared unfair and unenforceable.
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