consumers

• Ad Standards

  Donut King Complaint 2010: offensive language, dismissed

  Wicked Campers Complaints: 100 complaints over violating the Advertiser Code of Ethics, 71 in favour of complainant but ignored

  ABC News: “obvious legal loophole”
• ACCC

  Competition and Consumer Act 2010

  ACCC v Qantas 2024 fined $22m for cancelling flights last minute that never intended to depart

  ACCC Chairman “hundreds of complaints…that need to be remedied for consumers”

  ACCC v Phoenix Institute 2023 - $400m fine for misleading students enrolling to “free” courses

  ACCC Chairman “ACL breaches can no longer be regarded as merely a cost of doing business”
• AFCA

  Treasury Laws Amendment Act 2018 established AFCA in response to Ramsay Review

  AFCA 2019 “it is essential consumers have a place to go to be heard…court is often not an option”

  Letter to PM “has provided access to justice for hundreds of thousands that would have been unable”

  104,000 cases closed in 2024, $313m awarded, majority closed under 30 days.

  2018 case: insurance broker duty of care failed when he removed insurance of the complainants truck, who then got into an accident, was awarded $225,000
• NCAT

  Civil and Administrative Tribunal Act 2013

  replaces 23 tribunals

  Attorney general 2013 “simplify the complex tribunal system and make it more accessible”

  “Quick, simple and effective process for resolving disputes”

  Recommendation of Legislative Council Standing Committee on Law and Justice

  Felice v Mercedes-Benz 2013: seeked prior EDR and IDR on his car not having the agreed upon features, was awarded $71k
• CHOICE

  super complaints to ACCC, responded to within 90 days as of July 2024

  ABC News “Giving CHOICE more power to protect consumers”

  Tinder 2022: exposed by CHOICE for price discrimination based on age, led to petition and tinder making price same for all

  CHOICE director: “thanks to choice, consumer rights and protections improved”
• Court

  FCA: 70% of class action lawsuits are closed within 2 years

  51% of class actions are unsuccessful

  Class action: split costs and damages between members of action

  Dow Corning Case: ruptured breast implants, 3000 women received $32m, took 10 years

  “It was not enough, they should have been awarded more”

  Volkswagen 2019: cars not complying with diesel standards, consumers got between $1500 and $6500.

  M. Legg 2015: “more efficient than numerous individual suits, saving resources”
• Mandatory safety standards

  Administered by NSW Fair Trading under the Fair Trading Act 1987,and ACCC under Competition and Consumer Act 2010

  Button batteries - if swallowed posed serious injury, 1 child a month is seriously injured

  Mandatory in June 2022: batteries must have a secure child resistant battery compartment, must have warnings and be compliance tested

  ACCC v Tesla 2023 - $155k for not testing battery standards in keys

  ACCC v Dusk 2022 - $100k and recalls for no safety information in items

  ABC News: “a serious and proactive approach to consumer safety”