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August 18, 2019, 11:23:41 am

Author Topic: Consumer Law: recent developments, media, discussion  (Read 4228 times)  Share 

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elysepopplewell

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Consumer Law: recent developments, media, discussion
« on: September 02, 2016, 12:21:28 pm »
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This is a place to discuss all things Consumer law for Legal Studies!
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elysepopplewell

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elysepopplewell

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Re: Consumer Law: recent developments, media, discussion
« Reply #2 on: September 02, 2016, 12:25:01 pm »
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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."
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elysepopplewell

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Re: Consumer Law: recent developments, media, discussion
« Reply #3 on: September 02, 2016, 12:27:07 pm »
+1
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."
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Mitchell.h

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Re: Consumer Law: recent developments, media, discussion
« Reply #4 on: June 17, 2017, 11:42:48 am »
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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!!

rodero

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Re: Consumer Law: recent developments, media, discussion
« Reply #5 on: June 17, 2017, 11:45:41 am »
+1
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
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Mitchell.h

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Re: Consumer Law: recent developments, media, discussion
« Reply #6 on: June 17, 2017, 12:07:57 pm »
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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!!!!

jamonwindeyer

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Re: Consumer Law: recent developments, media, discussion
« Reply #7 on: June 17, 2017, 12:15:05 pm »
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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? :)

rodero

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Re: Consumer Law: recent developments, media, discussion
« Reply #8 on: June 17, 2017, 12:27:59 pm »
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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
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Mitchell.h

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Re: Consumer Law: recent developments, media, discussion
« Reply #9 on: June 17, 2017, 12:44:08 pm »
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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...

rodero

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Consumer Law: recent developments, media, discussion
« Reply #10 on: June 17, 2017, 01:09:55 pm »
+1
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.
« Last Edit: June 17, 2017, 01:11:43 pm by rodero »
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Mitchell.h

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Re: Consumer Law: recent developments, media, discussion
« Reply #11 on: June 18, 2017, 09:52:31 am »
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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....

JD99

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Re: Consumer Law: recent developments, media, discussion
« Reply #12 on: June 18, 2017, 09:43:24 pm »
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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

Mitchell.h

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Re: Consumer Law: recent developments, media, discussion
« Reply #13 on: June 18, 2017, 10:44:34 pm »
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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???

JD99

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Re: Consumer Law: recent developments, media, discussion
« Reply #14 on: June 18, 2017, 10:52:18 pm »
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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