ACCC Takes Action for Alleged Breach of Statutory Guarantee
Wednesday 13 November 2013 @ 10.10 a.m. | Trade & Commerce
The Australian Competition and Consumer Commission (ACCC) has filed proceedings against Fisher & Paykel Customer Services Pty Ltd and Domestic & General Services Pty Ltd for false and misleading representations in breach of the Australian Consumer Law.
The companies had allegedly made false and misleading representations concerning consumers’ rights under the statutory guarantee regime in the course of offering an extended warranty. The ACL gives to consumers a set of rights called consumer guarantees for all goods purchased on or after the 1 January 2011 and where goods do not comply with these standard, consumers may be entitled to a refund, repair or replacement. These rights cannot be excluded, modified or restricted.
The ACCC alleges that the companies had, either on its own behalf or acting as an agent of Fisher & Paykel, sent letters to consumers who had purchased a Fisher & Paykel appliance, inviting them to purchase an extended warranty.
ACCC argues that the letters contain false representations about consumers’ statutory rights such as claiming that consumers would not be protected against repair costs for the appliance after the expiry of the manufacturer’s warranty unless an extended warranty is purchased.
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