Australian Competition and Consumer Commission v Oticon Australia Pty Limited [2018] FCA 1826

Australian Competition and Consumer Commission v Oticon Australia Pty Limited [2018] FCA 1826

Oticon and Sonic, by publishing advertisements containing false or misleading representations relating to the Australian Government Hearing Services Program, hearing aid technology, and consumer benefits, contravened s 18 and sub-ss 29(1)(g), 29(1)(i), and 29(1)(m) of the Australian Consumer Law. Considering the totality and course of conduct principles, the agreed penalties, enforcement orders, compliance programs, and consumer redress were appropriate to deter similar conduct, protect vulnerable consumers, and serve the public interest.

Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Civil Penalty Proceeding / Final Judgment and Orders by Consent
Outcome
Declarations made and orders by consent including pecuniary penalties, injunctions, corrective publication, consumer refund/redress, compliance programs, and costs.
Legal Topics
['misleading or Deceptive Conduct' 'false or Misleading Representations' 'pecuniary Penalties' 'injunctions' 'declarations' 'compliance Orders' 'consumer Remedies']
['consumer Law' 'trade Practices'] ['misleading or Deceptive Conduct' 'false or Misleading Representations' 'pecuniary Penalties' 'injunctions' 'declarations' 'compliance Orders' 'consumer Remedies']

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Procedural Posture

Civil Penalty Proceeding / Final Judgment and Orders by Consent

Legal Issues

  1. 1 ['Whether Oticon and Sonic contravened ss 18, 29(1)(g), 29(1)(i) and 29(1)(m) of the Australian Consumer Law by publishing misleading or deceptive advertisements about hearing aids and government programs;' 'Appropriateness of agreed penalties, declarations, injunctions, corrective publication, compliance programs, and consumer redress in light of the admitted conduct.']

Ratio Decidendi

Oticon and Sonic, by publishing advertisements containing false or misleading representations relating to the Australian Government Hearing Services Program, hearing aid technology, and consumer benefits, contravened s 18 and sub-ss 29(1)(g), 29(1)(i), and 29(1)(m) of the Australian Consumer Law. Considering the totality and course of conduct principles, the agreed penalties, enforcement orders, compliance programs, and consumer redress were appropriate to deter similar conduct, protect vulnerable consumers, and serve the public interest.

Court Disposition

Declarations made and orders by consent including pecuniary penalties, injunctions, corrective publication, consumer refund/redress, compliance programs, and costs.

Orders

  • ['Declarations that Oticon and Sonic contravened s 18 and sub-ss 29(1)(g), 29(1)(i), and 29(1)(m) of the ACL by publishing misleading advertisements.' 'Oticon and Sonic restrained for 3 years from making similar misleading representations relating to hearing aids.' 'Oticon to pay pecuniary penalty of $1.25 million...