Consumer Law and Digital Marketing

Spam and pay – CommBank pay huge fine for major spam compliance failures
Consumer Law and Digital Marketing
Spam and pay – CommBank pay huge fine for major spam compliance failures

Article written by Legally Yours Lawyer Member Clint Fillipou from Anisimoff Legal The largest penalty ever handed down in the history of the Spam Act (2003) Cth was issued to Commonwealth Bank of Australia (“CBA”) this week. At $3.55m, this dwarfs previous penalties, and the Australian Communications and Media Authority (“ACMA”) came down very hard, but why? […]

SportsBet singled out by Ad Standards for implying gambling makes you sexy
Consumer Law and Digital Marketing
SportsBet singled out by Ad Standards for implying gambling makes you sexy

A recent Sportsbet TV commercial featuring a “couch potato” style lone man imagining himself receiving an award after landing a huge multi has run afoul of Ad Standards, with the Ad Standards Community Panel deeming that the commercial implies “a link between wagering and sexual success or enhanced attractiveness”.  Gambling advertising is an increasingly sensitive area, […]

Social Media and the Law (and Scary Legal Jargon Demystified)
Consumer Law and Digital Marketing
Social Media and the Law (and Scary Legal Jargon Demystified)

The world is changing and the online world in particular grows and changes shape by the day. From social media sites like Facebook, Instagram, Twitter, Pinterest and Tumblr, to blogs and other online media, do the old-world legal issues still apply in the new-world landscape? It’s an increasingly important question because as things change they […]

Multi-Million Dollar Fine for Misleading Kids Makes Heinz Cry
Consumer Law and Digital Marketing
Multi-Million Dollar Fine for Misleading Kids Makes Heinz Cry

Food giant Heinz has been slapped with a $2.25 million fine by the Federal Court here in Australia for misleading consumers. Heinz claimed that its “Little Kids Shredz” dehydrated snack products were nutritious, and while the products (aimed at parents of toddlers) were made with ingredients derived from fruits and vegetables and did not contain […]

ACCC takes on Sony over alleged PlayStation Consumer Law Breaches
Consumer Law and Digital Marketing
ACCC takes on Sony over alleged PlayStation Consumer Law Breaches

The Australian Competition and Consumer Commission (ACCC) has challenged Sony Interactive Entertainment Network Europe Limited (Sony Europe) to a battle royale in the Australian Federal Court, alleging that Sony Europe made false or misleading representations to Australian consumers on its website and in dealings with Australian customers on its PlayStation online store.  As you may […]

Changes to Australian Consumer Law and Gift Card Expiry Dates
Consumer Law and Digital Marketing
Changes to Australian Consumer Law and Gift Card Expiry Dates

In the midst of tumultuous times for Australian parliament recently, you may have missed the far-reaching changes which were introduced to the Australian Consumer Law (ACL) and Australian Securities and Investment Commission Act 2001 (ASIC Act) on 18 October 2018, to clarify and strengthen consumer protections related to gift cards, product safety and price transparency. We recently wrote about the […]

UGGH… Booted Over False “Australian Made” Representations
Consumer Law and Digital Marketing
UGGH… Booted Over False “Australian Made” Representations

Ozwear Connection (Ozwear) has been issued with two infringement notices and been slapped with $25,200 in penalties by the Australian Competition and Consumer Commission (ACCC) for misleading consumers by making false country of origin representations about their “Classic Ugg” footwear. Ozwear made false representations on their website that their Classic Ugg footwear was made in […]

A Hitchhikers Guide to Advertising Law in Australia
Consumer Law and Digital Marketing
A Hitchhikers Guide to Advertising Law in Australia

There is a joke that lawyers like to tell about advertising. A witness in the witness box is sworn in and swears “to tell the truth and nothing but the truth”. The lawyer approaches the witness and asks his first question: “Please tell the court what business you are in”, the witness replies “advertising”. The […]

Refunds. When Am I Required To Refund A Customer?
Consumer Law and Digital Marketing
Refunds. When Am I Required To Refund A Customer?

Article Summary Points: Do I Need A Refund Policy? Consumer Rights Does Consumer Law Apply To Me? How Do I Ensure My Refund Policy is Valid? What Next? Do I Need A Refund Policy? It is recommended that businesses are transparent about when a customer is entitled to a refund or return. There are several […]