If you are a manufacturer, it is important that the representations made to consumers align with the Australian Consumer Law. Communications, and sometimes even a response of silence; can potentially be a breach of the law if found by a court to be misleading or deceptive.
The importance of making correct representations to your consumers about the law has been emphasised in a court decision on the 27 th of June. The Full Court held that LG Electronics Australia Pty Ltd (LG) made representations breaching the Australian Consumer Law on two occasions, both in relation to the representations made to consumers about their legal rights.
Two ways of mitigating the risk of fines include training of front line staff and developing standard communications that comply with the code.