Prior experiences would suggest business as usual will be hard to change.
The short news item reveals the car manufacturer prefers to be able to negotiate a settlement with the consumer in preference to meeting the full obligations of the ACL.
Why should consumers ever be placed in such a situation? The value of the purchase committed to is substantial and compared to any other life decision, second only to a home. The issues with the vehicles are often technically complex. The manufacturer and the industry selling motor vehicles holds all the technical expertise, data and negotiating skills to it’s advantage. There is no recognised independent motor vehicle expertise the consumer can turn to for support. It’s a role the National and State based motoring organisations could take up, but they are compromised by their close relationships to the industry and conflicted business models. The ACCC is not in the habit of taking on individual consumer cases, although it is the one with the greatest capability. Assuming it’s Federal funding allows, which some would say is always insufficient.
The ACCC media release on the court outcome.
The Court dismissed the ACCC’s allegations that Mazda had also engaged in unconscionable conduct in its dealings with these consumers. Despite finding that Mazda made false or misleading representations and gave the consumers “the run around” with evasions and subterfuges, the judge considered that the conduct fell short of being unconscionable.
The ACCC will carefully consider the findings on unconscionable conduct.
The Court will decide on penalties and other orders sought by the ACCC at a later date.
If only any fines imposed by the court went to the ACCC to top up it’s funding rather than government revenue?
Mazda can appeal the decisions as can the ACCC, hence it is all not quite settled until the court process is complete.
Previously the ACCC has taken on other vehicle importers over similar concerns consumers rights under ACL were not recognised. The lesser warranties provided by the importer were not acceptable.EG Toyota Dec 2020
P.S.
On Lemon Laws the following relates to Qld only.
One point to note in the QCAT disputes procedure. Consumers are expected to represent themselves unless granted leave to be represented. This avenue is open to either party to a dispute. Both parties are able to seek external legal and other advice in support of their preparation and submissions. It would be useful to hear whether the Qld legislation has delivered better or satisfactory outcomes.
