ACCC Cracking Down on Unfair Contract Terms

[Ashman]

The ACCC is now commited to cracking down on unfair contract terms and the telecommunications industry remains a particular target on the ACCC's enforcement radar. This is a shift in its stance from a compliance led approach to a more enforcement focused approach.

The ACCC has recently undertaken an industry review and engagement which examined consumer contracts in the airline, telecommunications, fitness and vehicle rental industries, as well as some contracts commonly used by online traders and travel agents.

The aims of the industry review were to:

• evaluate compliance with unfair contract terms law and broader ACL (Australian Consumer Law) requirements in key national industries, by identifying problematic contracts and contract terms, as well as broader concerns; and
• work with business to achieve positive changes to standard form consumer contracts and related practices, to benefit consumers.

On 30 July 2013, the Federal Court declared that a number of clauses in ByteCard Pty. Limited's (ByteCard) standard form consumer contracts are unfair and therefore void.

For more info:

http://www.mondaq.com/australia/x/2...d+ACCC+Cracking+Down+on+Unfair+Contract+Terms

 

[Cooper Mills DomainLawyer]

unfortunately old news, the ACCC have been bashing Telcos for a while now - at the same time the ACMA is enforcing compliance with the TCP Code and also bashing Telcos

 

[Ashman]

unfortunately old news, the ACCC have been bashing Telcos for a while now - at the same time the ACMA is enforcing compliance with the TCP Code and also bashing Telcos

I didn't realise that a Federal court decision on the 30th July 2013 was old news, especially since that decision has wider ramifications for any Australian business that implements what the ACCC considers unfair contract terms.

Furthermore, the article I referenced was published on 7th August 2013. How is that old news?

 

[Cooper Mills DomainLawyer]

sorry its old news to those of us that practice in that area - the ACCC crackdown has been going on for years now, that case is one of many that is what I was referring to

 

[Ashman]

sorry its old news to those of us that practice in that area - the ACCC crackdown has been going on for years now, that case is one of many that is what I was referring to

Actually the ByteCard decision on 30th July 2013 was the first legal proceeding by the ACCC based exclusively on the new unfair contract terms provisions of the Australian Consumer Law (ACL).