Recent news from across the Tasman provides a timely reminder to
New Zealand businesses that engaging in unconscionable conduct will
not be tolerated by regulators. The Australian Competition and
Consumer Commission (ACCC) has commenced
proceedings against Australia's second largest telco provider,
Optus Mobile Pty Ltd (Optus), for allegedly
engaging in unconscionable conduct by selling telecommunications
goods to vulnerable consumers who did not want or need them.
What is unconscionable conduct?
The concept of unconscionable conduct in Australian and New
Zealand consumer law is potentially very broad. The relevant
statutory provisions are widely framed, and Australian case law
suggests the courts are willing to take an expansive view when
assessing whether conduct meets the unconscionability threshold. In
ACCC v Lux Distributors Pty Ltd [2013] FCAFC 90, the
Federal Court of Australia found that conduct will be considered to
be unconscionable if it is "against
