ATAR Notes: Forum

HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: elysepopplewell on September 02, 2016, 12:21:28 pm

Title: Consumer Law: recent developments, media, discussion
Post by: elysepopplewell on September 02, 2016, 12:21:28 pm
This is a place to discuss all things Consumer law for Legal Studies!
Title: Re: Consumer Law: recent developments, media, discussion
Post by: elysepopplewell on September 02, 2016, 12:23:23 pm
Media Article: "We can't help you': Harvey Norman fined for misleading consumers about their rights.
Title: Re: Consumer Law: recent developments, media, discussion
Post by: elysepopplewell on September 02, 2016, 12:25:01 pm
This one is really interesting!

"Online electronic retailer Kogan has been fined $32,400 by the ACCC. As part of a 2015 Father's Day promotion, the retailer offered 20 per cent off a range of computer monitors. The problem was, the prices had been bumped up prior to the sale - leaving customers with a discount of only 9 per cent."
ACCC fines Kogan $32,400 for dogdy discounting."
Title: Re: Consumer Law: recent developments, media, discussion
Post by: elysepopplewell on September 02, 2016, 12:27:07 pm
This probably isn't so much directly useful to the syllabus right now, but a good thing to be in the know about because it is likely to cause some political discussion about consumer protection in the coming days and weeks.

Labor reveals plan for tougher consumer cop to stop the ‘shonks and sharks’

"FROM exploding Thermomixes to petrol price gouging and dodgy painkiller claims, the past 12 months have seen a rapid rise in poor corporate behaviour leaving Aussie consumers out of pocket or worse.
Labor’s Shadow Assistant Treasurer Andrew Leigh has slammed the government’s lax attitude to consumer protection and is calling for a tougher response to unconscionable conduct, unfair contracts, unsafe products, misleading conduct and scams.
In a new submission to the Productivity Commission’s inquiry into Consumer Law Enforcement and Administration, Dr Leigh has outlined proposals to toughen Australia’s legal protections in a way that would prevent future “Thermomix” type scandals, as well as raise significant revenue.
Earlier this month, News Corp revealed Australia’s consumer watchdog was investigating the food processor company over injuries to owners — some 83 incidents resulting in at least 18 people needing medical treatment — and its attempts to silence them."
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 17, 2017, 11:42:48 am
Hello!!!
I am just working on an essay about the objectives of Consumer Law.
Can anyone please tell me what piece of legislation states that consumers have the rights to Repair, Refund and Replacement?!??!?
Cheers
Mitchell!!
Title: Re: Consumer Law: recent developments, media, discussion
Post by: rodero on June 17, 2017, 11:45:41 am
Hello!!!
I am just working on an essay about the objectives of Consumer Law.
Can anyone please tell me what piece of legislation states that consumers have the rights to Repair, Refund and Replacement?!??!?
Cheers
Mitchell!!

Hey Mitchell,
I'm not studying consumer law, but I think I've learnt this in my business studies course. My best bet would be the Competition and Consumer Act 2010
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 17, 2017, 12:07:57 pm
Hey Mitchell,
I'm not studying consumer law, but I think I've learnt this in my business studies course. My best bet would be the Competition and Consumer Act 2010
Hey Thanks for that.... any idea of the particular section of this law?!?!.... it is a maaaaassive act!!!!
Title: Re: Consumer Law: recent developments, media, discussion
Post by: jamonwindeyer on June 17, 2017, 12:15:05 pm
Hey Thanks for that.... any idea of the particular section of this law?!?!.... it is a maaaaassive act!!!!

You can see a bit of a breakdown of the sections of the Act here, that could help? :)
Title: Re: Consumer Law: recent developments, media, discussion
Post by: rodero on June 17, 2017, 12:27:59 pm
Hey Thanks for that.... any idea of the particular section of this law?!?!.... it is a maaaaassive act!!!!

Quoting out of the Cambridge Legal Studies textbook;

"Under the CCA 2010, manufacturers have an obligation to fulfill their express warranties and implied guarantees and to ensure that a supply of spare parts and repair facilities is reasonably available for a reasonable period after goods are supplied to consumers. Manufacturers must also meet the requirements for acceptable quality and fitness for purpose"

I guess this infers that if the product is not of acceptable quality / fit for purpose, then the consumer has a right to refund, repair, replace
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 17, 2017, 12:44:08 pm
Yaaaaaay!!!
Found it...!!! Section 261 b-d
Thanks for your help....
also.... can someone please help me how consumer law is effective or ineffective in ensuring that consumers are sufficiently well-informed to benefit from and stimulate effective competition???... apparently that is one of the consumer law objectives...
Title: Consumer Law: recent developments, media, discussion
Post by: rodero on June 17, 2017, 01:09:55 pm
Yaaaaaay!!!
Found it...!!! Section 261 b-d
Thanks for your help....
also.... can someone please help me how consumer law is effective or ineffective in ensuring that consumers are sufficiently well-informed to benefit from and stimulate effective competition???... apparently that is one of the consumer law objectives...

The 'well-informed- aspect most likely refers to deceptive and misleading advertising. Consumer law ensures that advertisement is truthful and does not conceal facts of the product. Since I don't study consumer law I don't have any cases, but you should have a look at the ACCC and cases where they have upheld its objectives.

Cases where a manufacturer has been prosecuted for misleading advertising would demonstrate that consumer law has been effective, and vice versa.
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 18, 2017, 09:52:31 am
ARRRRGGGHHHH!!!!!
I am sooooo stressed out!!
eeeeekkk!!!
Can somebody please tell me how consumer law does NOT achieve its objectives.....??
The Objectives are:
•   to ensure that consumers are sufficiently well-informed to benefit from and stimulate effective competition;
•   to ensure that goods and services are safe and fit for their purposes;
•   to prevent unfair practices;
•   to meet the needs of those consumers who are at the greatest disadvantage;
•   to provide accessible and appropriate redress where consumer detriment has occurred; and
•   to promote proportionate, risk-based enforcement.

Would appreciate ANY help!!

Cheers
Mitchell....
Title: Re: Consumer Law: recent developments, media, discussion
Post by: JD99 on June 18, 2017, 09:43:24 pm
Heyyy!!
I know the feeling!!

For the objective about providing accessible redress you could speak about how there is a lot of complexity in the area of Alternative Dispute Resolution...according to http://www.austlii.edu.au/au/journals/QUTLawJJl/2009/13.pdf

hope this helps a bit!  :D :D
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 18, 2017, 10:44:34 pm
Hey JD99,
that helps heeeaaaapps..... thanks for that....!!!
Maybe you could help with my second essay??
Discuss the role of consumer law in encouraging co-operation and resolving conflict...
how would you go about answering this...??
I have started to talk about the role of negligence.... and how the law protects consumers from this but fails in the area of...Companies having no legal obligation in this country to ensure the products you buy are not harmful or unsafe.... as outlined in the 'choice' article 'closing loopholes and fixing the gaps'...
any other ideas???
Title: Re: Consumer Law: recent developments, media, discussion
Post by: JD99 on June 18, 2017, 10:52:18 pm
no problems Mitchell.h!!  :D

one idea is to split the essay into two, first answering encouraging cooperation, then resolving conflict. I think you are allowed headings throughout...? not sure...
for encouraging cooperation you could talk about stuff like awareness and self help, and Choice.
for resolving conflict you could talk about different governement bodies such as ACCC,(there are lots of cases where they have brought justice including ACCC v Prouds Jewellers in 2008),  NSW Fair Trading etc.

dunno if this helps! feel free to bounce your other ideas around!! :D :D
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Mitchell.h on June 19, 2017, 06:33:01 am
no problems Mitchell.h!!  :D

one idea is to split the essay into two, first answering encouraging cooperation, then resolving conflict. I think you are allowed headings throughout...? not sure...
for encouraging cooperation you could talk about stuff like awareness and self help, and Choice.
for resolving conflict you could talk about different governement bodies such as ACCC,(there are lots of cases where they have brought justice including ACCC v Prouds Jewellers in 2008),  NSW Fair Trading etc.

dunno if this helps! feel free to bounce your other ideas around!! :D :D

JD99.... you are a lifesaver.....!!!
Thanks heaps for that.... 8)
i have chosen self help.... do you think the Carlill v Carbolic Smoke Ball Co. case would be good to use as support?!?!
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on July 31, 2017, 05:56:02 pm
Hey guys,
So I got some consumer law media articles together that I've gone through in class.
Thermomix faces Federal Court action by Australian Competition and Consumer Commission
This article talks about the ineffectiveness of mandatory sentencing for businesses as it is based on integrity and being honest. The company forced people to sign gag orders and was 1200 days late in reporting the incidents and only did so after it had burnt 14 users. The scale of this was also exposed by the consumer group Choice.

Exploding glass balconies in Melbourne apartments expose faulty building products
Shows that businesses can self asses themselves and in this way the law is lax as companies can come with false certifications. Can use for compliance/non compliance and effectiveness of the law.
Elyse, this one is based in Melbourne can we still use it (I was given it by my teacher but an a bit unsure)?

16-380MR Cash Converters to pay over $12M following ASIC probe
A report by ASIC. Can be used for compliance, enforcement and reform.

Why consumer protection laws need harsher penalties
Shows that for business and large corporations the fines given are often not enough and they need harsher penalties.
Hope this helps :)
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on August 08, 2017, 12:47:05 pm
Hey guys,
I went looking for some consumer stats, and I found an Australian Consumer survey which was done last year.
This is the Australian consumer survey 2016!
It's a huge document but it has a lot of tables and graphs that may be helpful.
It is summarised in this Infographic
It has a bit of colour and shows how the stats have changed since 2011.
Hope this helps!! :)
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on September 27, 2017, 02:42:07 pm
Hey, I got this article today and it's really recent  :D
ACCC appeals LG decision 25 September 2017
The main idea is:
Quote
The ACCC had alleged that LG made false or misleading representations to certain consumers about their right to a repair, replacement or refund in relation to faulty LG televisions.

The Court dismissed the ACCC’s allegations, finding that LG was under no obligation to inform these consumers of the existence of the Australian Consumer Law remedies available to them because the enquiry made by consumers related only to the manufacturer’s warranty. The ACCC has appealed this decision.
Title: Re: Consumer Law: recent developments, media, discussion
Post by: Lachlan Morley on October 01, 2017, 11:29:06 pm
Hi all,

a great media article to use for negligance is

" ACCC sues thermomix over mishandling of burns cases"

This shows the effectivness of the ACCC in regards to enforcability and compliance aswell as meeting societys needs
Title: Re: Consumer Law: recent developments, media, discussion
Post by: mystermark on October 10, 2017, 03:24:31 pm
Hello!!!
I am just working on an essay about the objectives of Consumer Law.
Can anyone please tell me what piece of legislation states that consumers have the rights to Repair, Refund and Replacement?!??!?
Cheers
Mitchell!!

You can even look at Fair Trade Act! x
Title: Re: Consumer Law: recent developments, media, discussion
Post by: mystermark on October 29, 2017, 03:41:10 pm
Hey everyone!
So my second option is consumers and i am just wanting some advice on paragraph structure and arguments and any lil tips! :) x
Title: Re: Consumer Law: recent developments, media, discussion
Post by: mystermark on October 29, 2017, 04:30:57 pm
Hi everyone! I need opinions on this paragraph:

Product certification is providing goods that meet certain minimum safety and performance standards before it is sold. CHOICE is a non-legal consumer body that brings attention towards consumer based issues. Their powers provide them to advise consumers and businesses, using their social media platform to bring awareness to these issues. Their limitations involve that they cannot enforce laws or protocols due to being a non-legal body. In October 2015, CHOICE investigated food companies who have been applying false canteen certification symbols on products stating that is a healthy meal. In a report written by Tom Godfrey who is a spokesperson for CHOICE stated, “CHOICE found 17 different industry-made certifications have manipulated the school canteen guidelines to promote nutrient-poor and processed foods…” On October 15th, 2015, CHOICE created a campaign targeting these industries to remove their false logos. The issue was referred to the ACCC for further action. CHOICE effectively fought in the battle of product certification through their responsiveness to complaints and their ability to take action. Their resources and access allow them to ensure that businesses are being ethical and that consumers are being treated respectfully.

I dont have a legislation, could someone please give me one?
-x
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on October 29, 2017, 06:58:20 pm
Hi everyone! I need opinions on this paragraph:

Product certification is providing goods that meet certain minimum safety and performance standards before it is sold. CHOICE is a non-legal consumer body that brings attention towards consumer based issues. Their powers provide them to advise consumers and businesses, using their social media platform to bring awareness to these issues. Their limitations involve that they cannot enforce laws or protocols due to being a non-legal body. In October 2015, CHOICE investigated food companies who have been applying false canteen certification symbols on products stating that is a healthy meal. In a report written by Tom Godfrey who is a spokesperson for CHOICE stated, “CHOICE found 17 different industry-made certifications have manipulated the school canteen guidelines to promote nutrient-poor and processed foods…” On October 15th, 2015, CHOICE created a campaign targeting these industries to remove their false logos. The issue was referred to the ACCC for further action. CHOICE effectively fought in the battle of product certification through their responsiveness to complaints and their ability to take action. Their resources and access allow them to ensure that businesses are being ethical and that consumers are being treated respectfully.

I dont have a legislation, could someone please give me one?
-x
Hey,
I’m not an expert but here are a few small comments. Overall your paragraph has some good ideas. :)

Spoiler
Product certification is providing goods that meet certain minimum safety and performance standards before it is sold. With my paragraphs I normally have a judgement in the first sentence. Also, maybe refer to Choice in your first sentence seeing as that is what your paragraph is mainly focussing on at the moment. Even something like, 'A response that is very effective in responding to product certification is the consumer NGO Choice.' CHOICE is a non-legal consumer body that brings attention towards consumer based issues. Their powers provide them to advise consumers and businesses, using their social media platform to bring awareness to these issues. Their limitations involve that they cannot enforce laws or protocols due to being a non-legal body. This might be a bit too descriptive depending on what the question is and doesn't directly relate to product certification. In October 2015, CHOICE investigated food companies who have been applying false canteen certification symbols on products stating that is a healthy meal. In a report What report? (don’t know how important the specifics are but might be good to reference the name of the article) written by Tom Godfrey who is a spokesperson for CHOICE stated, “CHOICE found 17 different industry-made certifications have manipulated the school canteen guidelines to promote nutrient-poor and processed foods…” On October 15th, 2015, CHOICE created a campaign targeting these industries to remove their false logos. The issue was referred to the ACCC for further action. CHOICE effectively fought in the battle of product certification through their responsiveness to complaints and their ability to take action. Good judgement! Their resources and access allow them to ensure that businesses are being ethical and that consumers are being treated respectfully.

In terms of legislation, I think there isn’t too much for product certification. It’s overseen by the ACCC under the Competition and Consumer Act 2010 (Clth). Consumers can also make complaints to the NSW fair trading (under the Fair Trading Act 1987 (NSW) ).

Hope this helps  :D! Good Luck for your exams!
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on May 03, 2018, 06:11:19 pm
Some more recent articles (All from April/May)!!:

Telstra fined $10 million for misleading customers over games and ringtones
:This is the highest fine ever levelled under Australian consumer law!

HP Nobbled Again By ACCC, This Time For Dodgy Printer Practises

ACCC boss to investigate allegedly 'unfair' Uber Eats contracts

More submissions to the ACCC inquiry on Facebook, Google and Twitter’s use and misuse consumers’ personal information
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on June 27, 2018, 08:16:54 pm
Some more recent consumer articles!  ;D
Apple fined $9 million for misleading customers with faulty iPhones and iPads

ACCC targets misleading organic claims

Jenny Craig pays penalty for “10kg for $10” ads

Fitbit nabbed by Australian Competition and Consumer Commission over misleading warranty policy
Title: Re: Consumer Law: recent developments, media, discussion
Post by: shivansh on September 16, 2018, 11:49:01 am
no problems Mitchell.h!!  :D

one idea is to split the essay into two, first answering encouraging cooperation, then resolving conflict. I think you are allowed headings throughout...? not sure...
for encouraging cooperation you could talk about stuff like awareness and self help, and Choice.
for resolving conflict you could talk about different governement bodies such as ACCC,(there are lots of cases where they have brought justice including ACCC v Prouds Jewellers in 2008),  NSW Fair Trading etc.


dunno if this helps! feel free to bounce your other ideas around!! :D :D

I always felt that it was more sophisicated to have an essay that incorporates all aspects of the questions in every body paragraph instead of splitting it into two sections. For co-operation and resolving conflict you could mention the relevant legislation e.g. CCA 2010 and 99% of the time the lesgislation works to encourage co-operation and the remedies/redress aspects such as effective cases and SOME media articles would aim to reduce conflict and if these cases are resolved effectively then it would act as a deterrent and encourage compliance/co-operation and hence you have continuing links to the question throughout your paragraph and if you follow that structure for the rest of the essay it should help you set yourself up for a band 5/6 essay assuming your content and judgement is all up to scratch
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on October 08, 2018, 09:37:37 pm
A few more recent articles!  ;D
NSW government's crackdown on price comparison websites

ACCC increases gas transparency to stop 'disgraceful' prices

Subaru recalls more than 40,000 vehicles over potentially faulty brake

ACCC takes action against hearing aid retailers for misleading pensioners

Telstra refunds $9.3m to 72,000 customers

Consumers urged to be wary of celebrity endorsement scams
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on February 03, 2019, 08:58:50 am
A few more articles :)
Consumer Protection warns of online scams after number of victims spikes by a third
ACCC warns against scammers targeting buyers of sold-out concert tickets on social media
ACCC seeks $10m fine for Heinz over 'reckless' marketing of kids snack
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on April 30, 2019, 10:49:33 am
A few more recent articles!  :)

Jewellery group Pandora admits to misleading customers on refund rights

Court finds ticket reseller viagogo misled consumers

Bupa Aged Care in Court for alleged misrepresentations about services
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on June 10, 2019, 10:15:52 pm
Some more articles :)

Jetstar to pay $1.95 million for false or misleading claims on refunds

'It's a buggy mess': ACCC takes Sony to court over PlayStation refunds
Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on May 28, 2020, 09:52:16 pm
Some more recent articles!!  :)

Flight centre to refund cancellation fees

Queensland Yoghurt pays penalty for failing to disclose gelatine ingredient
     

Voltaren makers to pay $4.5m for claiming Osteo Gel better than Emulgel

Don't get scammed looking for a lockdown puppy


Title: Re: Consumer Law: recent developments, media, discussion
Post by: katie,rinos on July 23, 2021, 08:01:10 pm
Another new article!  :D
Lorna Jane pays $5 million over false ‘anti-virus activewear’ claims