With consumers increasingly relying on on-line reviews about products or services in making purchase decisions, “one star”, “negative” or “fake” reviews can result in serious harm, reputational damage and loss of business. A recent court decision shows how posting a “one star” Google review can be a very costly exercise for reviewers, particularly where the review is defamatory and false or fake. Businesses and individuals subjected to “one star” reviews, can take legal action.
Read more
Advertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars. The Therapeutic Goods Administration has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines. This article includes some strategies that businesses can implement to minimize the risk of non-compliance.
Read more
Recent cases show that failure by businesses to ensure that environmental sustainability marketing claims are accurate can result in legal action being taken by regulators for false representations and misleading and deceptive conduct exposing the company and its directors to significant penalties and compensation claims.
Read more
In this update, Stephens Lawyers & Consultants provides an overview of the compensation awarded in privacy breach determinations made during October 2022 – July 2024 by the OAIC and some of the factors it took into account in awarding compensation and costs.
With long awaited changes to the Privacy Act now imminent, businesses cannot afford to be complacent about privacy compliance.
Read more
The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
Read more
