Attempting to Limit Liability under the ACL

1 min read
ACL Australian Consumer Laws

Recently, a client at Priority Business Lawyers retained us to review their online documents to determine whether they might be in breach of the Australian Consumer Laws (ACL) specifically with regard to a potential misrepresentation.

Upon our advice, the client endeavoured to bring their online terms and conditions, privacy policy, and refund policy in to line in order to ensure there was no possibility whatsoever of a potential misrepresentation.

The advice itself appears timely given the Australian Competition and Consumer Commissions (ACCC) willingness to issue penalties for breaches of the ACL where businesses have misled, whether intentionally or not, their customers.

Today the Federal Court ordered Apple Inc (Apple US) to pay roughly $9 million in penalties for making false or misleading representations to customers with faulty iPhones and iPads about their rights under the ACL.

The ACCC took action against Apple US and Apple Pty Ltd (Apple Australia) following an investigation of complaints relating to ‘error 53’. This error disabled some iPhones and iPads after owners downloaded an update to Apple’s ‘iOS’ operating system.

Apple US admitted it had represented to at least 275 Australian customers affected by error 53 that they were no longer eligible for a remedy if their device had been repaired by a third party. These representations were made from February 2015 to February 2016 on Apple US’ website, by Apple Australia’s staff in-store and on its customer service phone calls.

Unbeknownst to Apple Australia’s US counterparts, under the ACL If a product is faulty, customers are legally entitled to a repair or a replacement. Furthermore, if customers would prefer a replacement, they are entitled to a new device as opposed to refurbished, if one is available.

If you are concerned about your terms and conditions, privacy policy, refund policy or any other trading documents please contact Priority Business Lawyers in order to conduct a full review that ensures your documents comply with the ACL

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Picture of Authored By<br>Reuben Hernandez

Authored By
Reuben Hernandez

Director Lawyer, PBL Law Group

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Anita Bradley has been an absolute dream to deal with. Anita's conveyancing skills and knowledge knows absolutely no boundaries along with her effective communication skills which has made selling and buying a completely stress free exchange for us. We recommend PBL Law to everyone looking for outstanding service. We will definitely be returning clients.
Kushlan Aluwihare
PBL Law Group were fantastic. Anita from PBL worked with us closely during our property search and made the exchange and settlement process smooth and stress free. Highly recommended.
Gail Whitford
PBL handled my late mothers estate, they were very obliging and patient with any and all questions that we had, thank you to David , Sharon and the other staff that we dealt with, everyone was so easy to talk to and friendly .David came to the home where my Mother was living and helped her to get her will in order, Sharon helped us through the process of executing her wishes when the time came even doing a house call which was so much easier, thank you all so much
S M
I have experienced an excellent service from PBL (especially from Anita) during the sale of my recent property on Central Coast, and during the purchase of our current property in Sydney. Throughout many challengers, especially with the sale, Anita presented her very professional and knowledgeable conveyancer, positively solving all obstacles. "Above and Beyond" Award going to Anita!!! :-)
Amanda Reitzin
The five-star reviews are well-deserved. I needed a motion and a bylaw drawn up for urgent repairs of my strata unit and the AGM was in two weeks' time. My solicitor was friendly, efficient, knew what documents to ask for, and had all the paperwork prepared well within the timeframe. She also took the time to run through all the legalese and the different possible scenarios with me to make sure I understood. I am so glad to have found this firm and I will not hesitate to use their services again in future if the need arises.
Ricky Cooper
Anita is amazing! So attentive, approachable and communicates everything every step of the way. I have now bought and sold property with Anita and I cannot recommend her highly enough.
Ron Thomsen
Our Commercial Property conveyancing was handled very professionally. Anita’s experience and responsiveness was an asset in this transaction.
Trace M
I am so grateful for Anita Bradley from PBL Law Group helped me with this property settlement, she has went above beyond to ensure I understand everything because of our deafness. I will recommended Anita or their team. Thank you so much for all the hard work you have done for us.
Tricia Wheatstone
For almost 18 months I have been a client of Alex Ilkin. Alex is very knowledgeable and professional and has consistently provided me with thorough, honest and well set out advice, including steering my case through appeal proceedings. He always worked for my best interests with integrity and compassion. I recommend Alex and his team at PBL.