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Australia – False And Misleading Conduct In Relation To Door-To-Door Sales.

10 October, 2013

 

The ACCC has alleged that an energy retailer has engaged in false and misleading conduct in relation to door-to-door sales practices. The ACCC has commenced proceedings in the Federal Court of Australia in relation to the conduct of sales representatives from the marketing company, SalesForce, which acts on behalf of Origin Energy. In addition to false and misleading conduct, the ACCC also alleges that Origin Energy breached the Unsolicited Consumer Agreement provisions of the Competition and Consumer Act 2010 (Cth).


In summary, the conduct complained about includes:

 

  • representations that it was a government requirement that consumers switch their energy provider to Origin Energy;
  • representations that Origin Energy was affiliated with the government;
  • failing to inform the consumer in relation to cooling off periods; and
  • unconscionable conduct, harassment and coercion.

View the ACCC media release here and the ACCC’s guide for consumers in relation to door-to-door sales 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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