Misleading and deceptive conduct is prohibited under the Australian Consumer Law (“ACL”). Suppliers and service providers cannot engage in conduct that misleads or deceives, or conduct that is likely to mislead or deceive a consumer.
Misleading and deceptive conduct can include representations made by the supplier or service provider about the good or service, marketing material and other conduct of the supplier or service provider (eg body language).
Determining whether conduct is misleading and deceptive will be assessed on a case by case basis and in the full context of the dealings between the supplier or service provider and the consumer.
Some common examples of misleading and deceptive conduct include:
- Falsely representing that a product has certain functionalities or features (eg phones, laptops, printers);
- Notifying the consumer that they can terminate the consumer agreement and obtain a refund of their deposit, if they were unable to obtain finance but then failing to uphold this guarantee;
- Falsely representing that access to certain services is unlimited and no additional charge will be imposed on the consumer (eg internet downloads, telephone calls);
- Marketing material guaranteeing certain results from a product which is subsequently proven false (eg weight loss equipment or supplements);
- Marketing material consisting of photographs alleged to be of a product but these photographs do not accurately correspond with the actual appearance, quality or features of the product (eg clothing sold online).
If a consumer has been adversely affected by the misleading and deceptive conduct of a supplier or service provider, they should seek legal advice as remedies may be available. We recommend that you contact our office and arrange an appointment to see one of Competition & Trade Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing of our branches please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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