Australian Consumer Law

HOUSE RULES

•​ Observe EOP all the time

• Turn on the camera

• Use raise hand icon when participating.

• Turn off Microphone during discussion ( unless during recitation)

​• All tools must be ready

​1

Open Ended

Why do we need to comply with the LAW?

What  would be the impact of Law compliance to us and to the society?

OBJECTIVES :

At the end of the session, the agents will be able to;

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• ​familiarize what ACL is,

• ​identify the following outcomes once the company failed to comply with ACL,

• ​defend whether a customer is entitled to compensation in line to ACL.

Australian consumer Law

• ​The Australian Consumer Law (ACL) aims to protect consumers and ensure fair trading in Australia.

• ​ACL sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement, or refund as well as compensation for damages and loss and being able to cancel a faulty service.

• ​Under the ACL, consumers have the same protections, and businesses have the same obligations and responsibilities, across Australia.

regulators :

• ACCC (Australian Competition and Consumer Commission

State and Territory Consumer Protection Agencies

• Australian Capital Territory - Access Canberra

• Victoria - Consumer Affairs

• South Australia - Consumer and Business Services

• ​Tasmania - Consumer, Building and Occupational Services

• New South Wales - Fair Trading

• Northern Territory - Consumer Affairs

• ​Queensland - Office of Fair Trading

• Western Australia - Department of Mines, Industry Regulation and Safety

​What if we don't comply to ACL?

• ​Penalties and fines (Up to $1.1m for businesses or up to $220,000 for individuals)

• ​Legal action

• ​Lost time and effort if we get it wrong - distracts us from running our business

• ​Negative publicity

​What to remember :

• Avoid misleading or deceptive conduct - it is critical to ensure that information (e.g. prices / product specs) disseminated to the public is accurate.

• Genuine Comparative Pricing - “was/now”, “savings off RRP”, and “50% off normal price”.

​•   No Bait advertising - Must not advertise products at a specified price if reasonable grounds for believing cannot supply a reasonable quantity for a reasonable time.

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•   No Drip Pricing - this is when the item is sold at a headline price before purchase, only then additional fees, taxes or charges are applied, resulting in a higher price than advertised.

If ‘multiple prices’ for one item are advertised, we must:

• sell the goods for the lowest displayed price,

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• or withdraw the goods from sale until the price is corrected.

Guarantees Applying to Goods

Regardless of what we say, Consumer Guarantees always apply in Australia - we now simply advise customers that they automatically have rights provided by the Australian Consumer Law.

​A supplier and a manufacturer should make sure that:

• ​goods are of acceptable quality

• goods will match any description provided

• any express warranties will be honored (When you provide a warranty, under the consumer guarantees you automatically guarantee that the goods will meet this warranty.)

A supplier guarantees that a consumer is buying goods:

• that ​have a clear title, unless otherwise stated

• ​that do not have undisclosed securities

• ​that match the sample or demonstration model provided

​Let's Check your Knowledge :

Multiple Choice

Customer contacted our Sales team asking if a phone was Dual Sim, we said it was, when it arrived it was not Dual Sim. Customer wants to return the phone.

Have we breached ACL?

Multiple Choice

Customer purchased a vacuum for $399, 6 months later it was advertised as $579, he received a price drop notification email saying it dropped to $479. Customer claims that this is misleading advertising and price gouging as he had purchased it for cheaper. Customer threatens to report us to Fair Trading.

Have we breached ACL?

Consumer guarantees do not apply if :

• Got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it

Consumer guarantees do not apply if :

• Misused a product in any way that caused the problem

• ​Knew of or were made aware of the faults before you bought the product

Remedies for Failures with Goods :

If goods fail to meet a consumer guarantee, the supplier who sold the consumer the product may be required to :

• ​repair or replace the product

• ​provide refund

• ​provide compensation for any consequential loss. (credit)

CONCLUSION :

How does Australian Consumer Law promotes great customer experience?

​THANK YOU!

​End of the discussion.