The November 2016 amendments to the Australian Consumer Law (which extended the prohibition on ‘unfair terms' to contracts with small businesses) are starting to bite. Enforcement action by the ACCC since the amendments were introduced have demonstrated the Commission’s strong desire to get tough on onerous standard terms contracts. Under the amended legislation, some contracts [...]
Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when it fined Red Balloon, the corporate gift agency founded by Shark Tank’s Naomi Simson, $43,200 for exceeding the caps set [...]
The types and frequency of reported complaints to the ACCC accords with what we are hearing from our clients, with misleading and deceptive conduct claims among the most common competition issues we are dealing with.Click here to access the ACCC 'Small business, franchising and news report' for the period July 2016 to December 2016.