It is interesting that the court found that companies don’t need to provide to a customer, rights under the ACL. This means it is important that all customers know what rights they have outside a manufacturer’s warranty, as the manufacturer may not disclose what rights may still exist.
The Choice website has an excellent summary of that these rights are:
How is this a surprise?
Imagine that corporate response to customer fault service under the ACL is a bell shaped curve.
At one end of the curve, there are a small percentage (5%) of businesses (some of whom have been mentioned elsewhere in this forum) which exemplify good proactive customer service when it comes to faults covered by the ACL.
At the other end of the curve there are businesses (5%) which steadfastly avoid their responsibilities. (I have experienced this with my pool cover.) Sometimes the ACCC takes action against the largest of these businesses. Occasionally the ACCC wins.
The bulk (90%) of businesses fall into the continuum along the middle of the curve, and will avoid their responsibilities under the ACL to varying degrees, but will comply if approached correctly.
It appears from the article that LG falls into the middle category where the majority of businesses lie. Unfortunately, the Federal Court has given the businesses which fall into this category permission to avoid their responsibilities by omitting to inform consumers of their rights. This reinforces the need for consumer education of their rights. Go Choice!!!
The ACCC? A total waste of time because you get a letter telling you a whole pile of BS and they refuse to investigate. The ACCC often only needs to pick up the phone, call the business and tell them stop or else. Instead it engages in verbal deceit with NO INTENTION of fixing anything.
I had the next round only a week ago. Car rental advertising which is now widespread where they advertise a car discounted and then give you something else. The fact is the car was the advertised product was NEVER going to be given to you. Pretty obvious this is deceit when you book 2 weeks ahead and the email which comes back lists another car. Tell me they don’t have what you ordered.
If the ACCC were not a phoney nepotistic organisation they would realise the above is a ‘bait and switch’ technique and they would act. They didn’t and they won’t.