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.
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The new Medical Board/AHPRA “Guidelines For Registered Medical Practitioners who Advertise Cosmetic Surgery” came into effect on 1 July 2023. Health practitioners, individuals, businesses, and companies involved in advertising of health services will be subjected to greater scrutiny by the regulators who will be focusing on advertising and social media used to promote cosmetic surgery.
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Australia’s competition and consumer watchdog, the Australian Competition and Consumer Commission (‘ACCC’), has issued its 2024/25 Compliance and Enforcement Policy and Priorities. The ACCC’s 2024-25 priorities and focus reflect that cost of living issues and the digital economy are key challenges facing Australia’s economy and community.
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On 18 March, 2024, the ACCC released an issues paper seeking submissions from consumers, businesses and industry participants about their experience and developments in general search services in Australia. The ACCC issues paper is focussing on the impact of regulatory and industry developments; trends in search quality and the emergence of generative AI.
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Federal Court proceedings recently commenced by the ACCC against national fashion retailer, Mosaic Brands Limited, places businesses on notice to make sure that they can comply with their advertised delivery timeframes and deliver on time – or risk high penalties for making false or misleading representations to consumers in breach of the Australian Consumer Law. Mosaic Brands Limited owns Katies, Noni B and Rivers.
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