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ARTICLE · 02 DECEMBER 2017

Australian Consumer Law: Retailer rights & responsibilities under the ACL

Retailers should ensure they understand all rights and responsibilities to consumers under the Australian Consumer Law.

AustraliaConsumer Protection
Lillian De Kantzow (Formerly With Bryks Lawyers)
Lillian De Kantzow (Formerly With Bryks Lawyers)
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In October 2017, the Federal Court of Australia ordered three related retail entities to pay fines and penalties totalling $750,000 for misrepresenting their consumer's rights to repairs, replacements, and refunds. The three companies, which are part of MSY Group, a computer and IT retailer, admitted that they had misrepresented consumer rights on their website, through oral statements, and in emails. This is the second time MSY Group has been penalised by the Federal Court, as in 2011 they were fined $203,000 for engaging in similarly misleading and deceptive conduct.

This MSY Group case is a timely reminder for all retailers to ensure that they understand their rights and responsibilities under the Australian Consumer Law (ACL). Especially as the Christmas season and January sale period approaches with consumer spending increasing as people head out to buy gifts and find themselves a deal in the sales. Typically during this period, requests for returns,

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