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ARTICLE · 09 JUNE 2012

ASIC flexes muscles over advertising financial products

A timely reminder to promoters of financial products that ASIC will regularly be reviewing ads.

AustraliaFinance and Banking

Key Points:

Consultation paper 178 is a timely reminder to promoters of financial products and financial advice services and publishers of advertising that ASIC will regularly be reviewing ads.

ASIC released Consultation Paper 178 on 5 June 2012 about credit advertising to promote good practice and help industry comply with their legal obligations when advertising credit products and services. CP 178 relates specifically to credit facilities and builds on RG 234, which was released in February 2012 and applies to all types of financial products including credit facilities.

RG 234 sets out a detailed list of "good practice guidance" for particular aspects of financial products, to help promoters to not make false or misleading statements or engage in misleading or deceptive conduct. The guidance mirrors the general provisions and principles in the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010) prohibiting conduct that

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