Misleading or Deceptive Conduct - Consumer Action Law Centre

ASIC sues HSBC Bank for failure to protect customers from scams

The Australian Securities and Investment Commission (ASIC) has taken strong enforcement action, announcing today that it is suing HSBC Bank for its ‘widespread failures to act honestly, efficiently an...

Scams: Mandatory regulation outline promising but more clarity needed on standards and consumers’ rights to reimbursement

The mandatory Code for Scams consultation paper announced by the Federal Treasury today sets out some proposals to tackle the scams crisis, however the final regulation must land on clearer stipulated...

REPORT: Victoria overrun with dodgy lemon cars as current dispute process totally unfit for consumers

A groundbreaking report from the Consumer Policy Research Centre (CPRC) has found that over half (54%) of all Victorians who bought used or new car in the past five years experienced major or minor fa...

High Court dismisses last ditch appeal by rogue lender

Consumer advocates have welcomed the dismissal by the High Court of a special leave application by Cigno Pty Ltd (Cigno) and BHF Solutions Pty Ltd (BHFS) against the Full Federal Court’s finding in en...

ASIC lending model ban on rogue lender Cigno applauded

Consumer Action welcomed today’s announcement from the corporate regulator Australian Securities and Investments Commission (ASIC) that it will use its product intervention power to ban the excessivel...

“Devastating cultural and financial impact”: First Nations communities in crisis after Youpla collapse

New data reveals the local communities hit hardest by predatory insurer as calls grow for urgent Federal Government action “The collapse of the predatory funeral fund Youpla (ACBF) is having a deva...

Consumer advocates praise court decision against Cigno loans

Consumer advocates have welcomed a Full Federal Court decision striking down a credit law avoidance strategy used by Cigno Pty Ltd and BHF Solutions. For years, fringe lender Cigno has preyed upon...

OPINION: That lemon car sour taste just keeps getting worse

Opinion piece by Gerard Brody, CEO Consumer Action Law Centre A version of this opinion piece appeared in the Herald Sun today The pandemic has helped drive second-hand car prices up 50 percent...

Calls for stripping Sumo Power’s energy licence & compensation for those wrongly disconnected

Consumer groups* have written to the Essential Services Commission (ESC) calling for Sumo Power’s (Sumo) licence to operate in Victoria to be investigated and monetary compensation for those wrongfull...

Improving the effectiveness of the consumer guarantee and supplier indemnification provisions under the Australian Consumer Law

Consumers expect to purchase products that work, and when they don’t work people should be easily able to enforce their consumer guarantee rights. We welcome the opportunity to provide comments to...

Inhumane energy disconnections must end: $500K Sumo Power fine

Consumer Action has welcomed the Essential Services Commission (ESC) imposing $500,000 in penalties on energy retailer Sumo Power Pty Ltd for wrongfully disconnecting hundreds of families in the lead...

Banking Code Compliance Priorities 2022-23

The Banking Code Compliance Committee’s (BCCC) administration and enforcement of the Banking Code of Practice (the Code) is a key aspect of regulatory oversight in the banking sector. The BCCC’s mo...

Quality of financial advice review–Draft Terms of Reference

Conflicted remuneration is the root cause of many of the problems uncovered by the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission)....

Time to finally end the harm done by Cigno loans

Consumer groups and financial counsellors are urging the Australian Securities and Investments Commission (ASIC) to act now to put an end to the use of harmful lending models used to charge excessive...

Consumer groups call for new ombudsman to ‘prune’ lemon cars

Consumer advocates are calling on the Victorian Government to commit to a free and effective dispute resolution service for Victorians who are sold ‘lemon’ cars by car dealers in next year’s Budget....

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Consumer groups: Insurance exemption loopholes undermine spirit of Hayne reforms

Yesterday the Morrison Government announced that it would provide sweeping exemptions to the insurance industry from Financial Services Royal Commission reforms designed to improve insurance sales pra...

Consumer groups applaud Federal Court ruling to uphold ASIC intervention in short-term credit market

Today’s Full Federal Court decision to dismiss an application by Cigno Pty Ltd (Cigno), seeking to quash the Australian Securities and Investments Commission’s (ASIC) product intervention order to rei...

Court decision on Cigno lending model ‘extremely disappointing’

Today’s Federal Court decision that the lending model promoted by Cigno Pty Ltd did not breach the National Consumer Credit Protection Act (National Credit Act) is extremely disappointing, and consum...

Consumer issues in Victorian Aboriginal communities during 2020

This report has collated data, community intelligence, and case studies to answer the following questions: 1. What consumer, credit and debt issues are impacting Victorian Aboriginal communities?...

More ‘trouble with telcos’ as bad service, hidden costs, and shoddy sales practices revealed

A report* published today by the Telecommunications Industry Ombudsman (TIO) reveals that telco sales culture, practices, and cost structures before and during COVID are continuing to fail Australia’s...

Telstra cops record $50 million fine, consumer groups say industry must improve its practices

The Federal Court today upheld the Australian Competition and Consumer Commission’s (ACCC) $50 million fine against Telstra for its treatment of Indigenous people in rural and remote parts o...

Consumer group calls for unsolicited sale ban after solar company fined $3 million

This week the Federal Court of Australia ordered Vic Solar to pay a $3 million fine for violating provisions of the Australian Consumer Law relating to unsolicited sales, among other breaches of cons...

Vic Government called on to act as big gaps in consumer protection put solar customers at risk

Consumer Action has today published a report calling on the Victorian Government to fix the gaps in consumer protections that are leaving thousands of solar customers prey to high-pressure sales tacti...

Report: Our response to the New Energy Tech Consumer Code

The New Energy Tech Consumer Code (NET Code) is a voluntary industry code of conduct, which sets practice standards for the sale of New Energy Technology (NET) products, systems, and services by retai...

Consumer advocates ‘gobsmacked’ by majority Senate report on predatory lending laws

A newly released report by the Senate Economics Legislation Committee has recommended Parliament pass proposed laws that fall woefully short of what advocates say is needed to protect people from pred...

“Recipe for economic disaster”: Consumer groups slam Senate report on lending laws

Consumer groups condemn the majority’s recommendations of today’s Senate Inquiry Report, as the vote looms next week on the Government's disastrous proposal to axe safe lending laws. The repeal of...

Australian Communications Media Authority compliance priorities

Consumer Action Law Centre (Consumer Action) and WEstjustice welcome the opportunity to contribute to the development of ACMA compliance priorities for 2021 –2022, hence our submission. The past ye...

Saving Responsible Lending: Senate Committee opening statement

On 19 February 2021, Gerard Brody, CEO of Consumer Action Law Centre and Fiona Guthrie, CEO, Financial Counselling Australia spoke at the Senate Economics Legislation Committee hearing on the Nation...

Buy now pay later sector must be regulated by Government not itself

Consumer groups have united to call for Federal Government regulation of buy now pay later (BNPL) services to protect consumers and put all credit providers on a level playing field. Today the Aus...

Over 590,000 Australians have relied on safe lending laws for justice

As the Senate Economics Committee hosts hearings in Canberra today, over 22,000 Australians have joined the call for Federal Senators to strengthen instead of repeal safe lending laws, with many sha...

Consumer groups support licensing of ‘debt vultures’ but reforms must go further to stop the harm

While some businesses stepped up to help Australians to recover from the COVID-19 crisis, others sought to profit from people’s desperate financial circumstances. Unregulated debt management firms ...

Licensing debt management firms: Exposure draft regulations

While some businesses stepped up to help Australians to recover from the COVID-19 crisis, others have simply sought to profit from people’s desperate financial circumstances. Debt management firms(...

Submission: Consultation on revision to the new Prudential Standard APS 220 Credit Risk Management

This submission is from Consumer Action Law Centre, Financial Rights Legal Centre, Victorian Aboriginal Legal Service, CHOICE, Financial Counselling Australia, Consumer Credit Law Service (W...

Right to Repair submission to Productivity Commission Inquiry

Consumer Action Law Centre (Consumer Action) welcomes the opportunity to provide feedback to the Productivity Commission Inquiry into a right to repair. The ability for consumers to access afford...

Deferred sales model for add-on insurance – exemptions by class

This submission is made by Consumer Action Law Centre, Financial Rights Legal Centre and WEstjustice. We oppose any exemptions for classes of add-on insurance products from the deferred sales model...

Opinion: Responsible lending law repeal will undo good

First published in the Herald Sun, 8 February 2021. In the two years since the Hayne Royal Commission Final Report while the Federal Government has made some changes to strengthen consumer protecti...

‘A disastrous winding back of consumer protections’: Consumer groups call on lawmakers to reject proposed changes

Proposed changes to consumer credit laws before the Senate must be rejected as they risk harm to individuals and families and hindering the economic recovery they are intended to promote. That is t...

Submission: National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020

This submission is made on behalf of Consumer Action Law Centre (Consumer Action), Financial Rights Legal Centre (Financial Rights), Financial Counselling Australia, Consumer Credit Legal Service (WA)...

Consumer advocates call for Parliament to vote against watered-down protections against predatory lenders

Consumer advocates have rejected the Federal Government’s proposed changes to laws governing high-cost payday loans and consumer leases, calling for Parliament to vote against the Bill in a submission...

Federal Court finds multiple breaches of Australian Consumer Law in relation to credit repair, but not debt management

Federal Court finds multiple breaches of Australian Consumer Law in relation to credit repair, but not debt management The Federal Court has found that J Daniels & Associates (JDA), a debt mana...

Scrapping lending laws would take away legal rights and hinder economic recovery

Consumer advocates have published a submission on exposure draft legislation that would repeal lending consumer protections in the National Consumer Credit Protection Act, in direct contradiction of t...

Treasury consultation: Consumer Credit Reforms our submission

A coalition of consumer advocates have published a submission on exposure draft legislation that would repeal responsible lending laws in the National Consumer Credit Protection Act. The submission p...

New report reveals how irresponsible lenders are causing harm in Victorian Aboriginal communities

Consumer Action Law Centre (Consumer Action) and the Victorian Aboriginal Legal Service (VALS) are launching a new report on how irresponsible lenders are causing harm in Victorian Aboriginal communit...

Consumer Issues in Victorian Aboriginal Communities: Integrated Practice Project Report 2020

‘Consumer issues in Victorian Aboriginal communities’ reports findings from Consumer Action Law Centre’s (Consumer Action) and the Victorian Aboriginal Legal Service’s (VALS) Integrated Practice proje...

“I don’t want other women falling into the same trap.” Victorian woman joins Canberra delegation to urge Government to stop predatory payday lenders

A Victorian woman who has suffered at the hands of payday lenders has an important message for the Government about the dangers of payday loans as she joins the Stop the Debt Trap Alliance, a coaliti...

Submission: Telecommunications Consumer Safeguards Review Part A – Consumer Redress and Complaints Handling

The norm of fairness must be recognised

Our existing consumer protection framework has failed to prevent unfairness from becoming embedded in business practices. From unclear marketing, subscriptions that make cancellation difficult, to...

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