Category Archives: Australian Consumer Law

Computers Now gets software return policy wrong

After PC discounter MSY was stung a whopping $203,500 for misrepresenting consumer warranty rights, we expected that the tech industry would have reviewed their terms with a legal microscope.   Not so, it seems … as we discovered when we … Continue reading

Posted in ACCC, advertising, Australian Consumer Law, Competition and Consumer Act, How not to do it, Trade Practices Act | Tagged , , , , , , | Leave a comment

Over to you, ACMA … Comms Alliance finalises proposed TCP Code (and we show what’s changed)

In 2011, ACMA pressured the telco industry to get its act together on how customers are treated.  After extended drafting and consultation phases, Comms Alliance has submitted an aggressive new TCP Code to ACMA for registration.  The question is now: … Continue reading

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Draft TCP Code takes a beating

The jungle drums are sending negative messages about the new TCP Code proposed by Communications Alliance.  If the rumours are correct, ACMA is on the verge of refusing to register the draft Code, opting for more aggressive legislative regulation of … Continue reading

Posted in ACCC, ACMA, Australian Consumer Law, Code compliance, New laws, Telecommunications Act | Tagged , , , , , , | Leave a comment

Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’ Often you see such clauses quoted in support of an argument that a claim for misrepresentation … Continue reading

Posted in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act | Tagged , , | Leave a comment