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Australia – ACCC Institutes Proceedings For Misleading Extended Warranty Marketing.

25 November, 2013

 

Legal News & Analysis – Asia Pacific – Australia – TMT

 

On 12 November 2013, the ACCC commenced Federal Court proceedings against Fisher & Paykel Customer Services Pty Ltd (Fisher & Paykel) and Domestic & General Services Pty Ltd (Domestic & General) for allegedly contravening the Australian Consumer Law (ACL), by making false or misleading representations in relation to extended warranty products.


According to the ACCC, Fisher & Paykel and/or Domestic & General, sent letters inviting customers who had purchased Fisher & Paykel appliances to buy an extended warranty. The letters allegedly contained representations which falsely represented that unless consumers purchased an extended warranty, they would not be protected against repair costs after the manufacturer’s warranty expired.


The ACCC claims that this conduct contravened section 18 and 29 of the ACL, which prohibits conduct which is misleading and deceptive (or likely to mislead or deceive), and making false or misleading representations about goods or services. The ACCC is seeking pecuniary penalties, declarations, injunctions and costs.


The proceedings have been filed in the New South Wales Fast Track list; the parties are scheduled to appear before Justice Wigney in February 2014.

 

  •  View the ACCC media release here.

 

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For further information, please contact:

 

Gordon Hughes, Partner, Ashurst
gordon.hughes@ashurst.com

 

Ashurst TMT Practice Profile in Australia

 

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