Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030

Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030

The respondents, by their sales representatives, contravened the Australian Consumer Law through misleading or deceptive conduct, false or misleading representations, and failure to comply with unsolicited consumer agreement obligations; further, the court held that the display of a clear 'Do Not Knock' sign constitutes a valid and operative request for the purposes of s 75(1), requiring a dealer to immediately leave the premises.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: AGL Sales Pty Ltd (ACN 090 538 337); Second Respondent: CPM Australia Pty Ltd (ACN 063 244 824); Third Respondent: AGL South Australia Pty Ltd (ACN 091 105 092)
Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Civil Penalty Proceeding / Judgment After Hearing With Orders and Reasons
Outcome
Orders made by consent; further hearing in relation to penalty adjourned.
Legal Topics
Unsolicited Consumer Agreements, Pecuniary Penalties, Misleading or Deceptive Conduct, False or Misleading Representations, Publication Orders, Compliance Programs
Consumer Law Competition Law Unsolicited Consumer Agreements Pecuniary Penalties Misleading or Deceptive Conduct False or Misleading Representations Publication Orders Compliance Programs

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Parties

Australian Competition and Consumer Commission

Applicant

AGL Sales Pty Ltd (ACN 090 538 337)

First Respondent

CPM Australia Pty Ltd (ACN 063 244 824)

Second Respondent

AGL South Australia Pty Ltd (ACN 091 105 092)

Third Respondent

Procedural Posture

Civil Penalty Proceeding / Judgment After Hearing With Orders and Reasons

Legal Issues

  1. 1 Whether respondents contravened ss 18, 29, 74, and 75 of the Australian Consumer Law by door-to-door sales practices and representations
  2. 2 Whether a 'Do Not Knock' sign constitutes a request for a dealer to leave premises under s 75(1) of the ACL
  3. 3 Appropriateness of penalties and orders as agreed between parties

Ratio Decidendi

The respondents, by their sales representatives, contravened the Australian Consumer Law through misleading or deceptive conduct, false or misleading representations, and failure to comply with unsolicited consumer agreement obligations; further, the court held that the display of a clear 'Do Not Knock' sign constitutes a valid and operative request for the purposes of s 75(1), requiring a dealer to immediately leave the premises.

Court Disposition

Orders made by consent; further hearing in relation to penalty adjourned.

Orders

  • CPM to pay $200,000 in pecuniary penalties to the Commonwealth in instalments for breaches of ss 29 and 74 of the ACL.
  • AGL to pay $1,485,000 in pecuniary penalties to the Commonwealth for breaches of ss 29 and 74 of the ACL.