The Australian consumer law regarding the misleading or deceptive conduct provision is a very common provision in litigation in Australia. Each territory and state of Australia consists of affairs trading legislation containing a similar provision about misleading or deceptive conduct by the individual. It also consists of some misleading and deceptive conduct claims. To learn more details, continue with the blog.
The Australian Consumer Law is the primary law in Australia that deals with deceptive and misleading behavior. You can find the law in Schedule 2 of the Competition and Consumer Act 2010. Section 18 of the ACL prohibits companies from misleading consumers to protect them from deception.
The ASIC Act also deals with the deceptive behavior of these companies. The legislation only applies to financial goods and services.
Both these laws apply to any acts of misleading and deceptive behavior, even if there was no direct intention to deceive the customer. A business might face accountability for unintentional misleading results even if it was not intended. The Companies must be properly watchful and take the initiative to ensure that their actions and communications are accurate, clear, and transparent.
The Misrepresentation Statute falls under the category of competition and consumer act, as mentioned in the above paragraph. The law applies to all aspects of the business, including product descriptions, advertising, sales tactics, and consumer interaction. The law will also cover:
The ASIC Act is a particular law that regulates dishonest behavior in financial matters. It specifically targets deceptive and misleading actions that involve financial services and products. Furthermore, its main aim is to protect consumers and keep the integrity of Australia’s financial markets intact.
Sections 12DA and 12DB prevent deceptive or misleading behavior in financial services in Australia. These include providing false information about the financial services or products, regardless of any intent.
Moreover, the law also outlines various penalties and remedies for breaches, which include corrective advertising orders, injunctions, and financial penalties. In extreme cases, the authorities might also disqualify individuals who are involved from managing corporations. These businesses must be accurate and honest to avoid breaking the ASIC Act and facing any serious consequences.
Identifying false or misleading claims can be determined by certain factors, but in that scenario, you will need a commercial litigation lawyer. These factors are:
It is essential to check out the impact of the behavior of the business on the impression of the audience that it is taking a good or service. While you decide if the conduct is deceptive or misleading or likely to mislead or deceive, you determine that the impression created by the company is inaccurate or false.
Businesses should be extremely careful while using the word ‘Free’. This is particularly one of the most misleading or deceptive conduct as the idea of getting goods or services without a charge creates a keen interest among the customers. Consumers likely think that ‘free’ is ‘free’, as businesses do not reveal the complete truth regarding the offer.
Whether the conduct is misleading or deceptive will depend on the factors surrounding the conduct. This means that all the circumstances will be taken into consideration, such as product labeling, advertisements, statements made by sales representatives, contradictory statements, and images, will also be taken into account to determine whether the circumstance is misleading or deceptive.
As a business, you need to avoid misleading and deceptive behavior, so it will be efficient for you to hire a misleading and deceptive conduct lawyer. Similarly, as a consumer, you can also take legal services to fight a business that is performing misleading and deceptive conduct.