Consumers

Activ8me to pay $250,000 in penalties and refund customers for misleading conduct

The Federal Court has ordered penalties of $250,000 against internet provider Australian Private Networks Pty Ltd (trading as Activ8me) for making false or misleading representations and not displaying a single price when advertising its internet services.

The Court has also ordered that Activ8me offer to refund setup fees and allow affected customers to exit or switch plans without charge.

Optus penalised $10 million for misleading customers over digital purchases

The Federal Court has ordered Optus pay a $10 million penalty for its treatment of customers who unknowingly purchased games, ringtones and other digital content through its third-party billing service, following action by the ACCC.

Optus admitted that the company misled consumers and breached the ASIC Act when it billed customers for third party-produced content which they mistakenly bought or subscribed to through its “direct carrier billing” (DCB) service.

A million airbags still to be replaced

Australia’s largest ever recall is nearly two thirds progressed with 2.8 million faulty Takata airbags replaced with around 1 million still outstanding.

More than 70 per cent of all affected airbag inflators have been replaced nationally since the Federal Government put manufacturers on notice in February last year.

“Despite good progress, both motorists and car manufacturers shouldn’t become complacent,” ACCC Deputy Chair Delia Rickard said.

“If you receive a letter or call from your car’s manufacturer, don’t delay or ignore it.” 

Full Federal Court dismisses ACCC appeal against Medibank

An appeal by the ACCC against a Federal Court judgment in relation to Medibank Private Limited (Medibank) has been dismissed by the Full Federal Court.

The ACCC alleged Medibank made false, misleading or deceptive representations and engaged in unconscionable conduct in relation to its failure to notify Medibank’s, and its subsidiary ahm’s, members of its decision to limit benefits for in-hospital pathology and radiology services, despite representing across a number of its communication and marketing materials that it would.

Rules Outline

The Rules Outline sets out the ACCC’s current position on the CDR Rules, which are expected to be published for consultation in the first quarter of 2019. The Rules Outline is intended to provide guidance to stakeholders, including designated data holders, potential data recipients and consumers, on what the rules will require of CDR participants.

Jetstar in court for misleading claims on refunds

The ACCC has instituted proceedings against Jetstar Airways Pty Ltd (Jetstar) for making false or misleading representations about consumer guarantee rights under the Australian Consumer Law (ACL).

Jetstar has admitted that it made representations on its website that some fares were not refundable, and that consumers could only get a refund if they purchased a more expensive fare.

“No matter how cheap the fares are, airlines cannot make blanket statements to consumers that flights are non-refundable,” ACCC Chair Rod Sims said.