When representing products and services via promotions
or offers to consumers, businesses need to be aware of (and look
out for) a number of potential issues.
Below, we take a closer look at four Australian Competition and
Consumer Commission (ACCC) and Australian
Securities and Investments Commission (ASIC) cases
of interest in the promotional area from 2018, and offer some key
lessons and takeaways.
- LG ELECTRONICS AUSTRALIA PTY LTD (LG)
In ACCC v LG Electronics Australia Pty Ltd [2018] FCAFC
96, the Full Federal Court partially upheld the ACCC's
appeal.
The Full Court found that LG made certain misleading and false
representations relating to its customers rights, but dismissed the
appeal regarding other LG statements. The Full Court remitted the
matter to the primary judge for determination of the balance of
relief and any pecuniary penalties.
