Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd [2017] FCA 602

Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd [2017] FCA 602

Acquire Learning & Careers Pty Ltd engaged in systemic contraventions of the Australian Consumer Law by using unfair, high-pressure telemarketing tactics upon vulnerable job seekers to induce enrolment in VET FEE-HELP assisted courses through misleading or deceptive conduct, false representations and unconscionable conduct, without providing the prescribed information concerning unsolicited consumer agreements. The admitted conduct constituted breaches of ss 18, 21, 29(1)(g), 34 and 76 of the ACL. In light of the seriousness, deliberateness, involvement of senior management, cooperation, subsequent compliance efforts, and Acquire's parlous financial position, the agreed penalty of $4.5...

Parties
Applicant: Australian Competition and Consumer Commission; Respondent: Acquire Learning & Careers Pty Ltd
Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Civil Penalty Proceeding / Judgment on Liability and Penalty (final Orders)
Outcome
Declarations made. Pecuniary penalty and costs orders granted. Injunctions and compliance orders made as per agreed terms.
Legal Topics
False or Misleading Representations, Misleading or Deceptive Conduct, Unconscionable Conduct, Unsolicited Consumer Agreements, Pecuniary Penalties, Declarations, Injunctive Relief
Consumer Law Competition Law False or Misleading Representations Misleading or Deceptive Conduct Unconscionable Conduct Unsolicited Consumer Agreements Pecuniary Penalties Declarations +1 more

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Parties

Australian Competition and Consumer Commission

Applicant

Acquire Learning & Careers Pty Ltd

Respondent

Procedural Posture

Civil Penalty Proceeding / Judgment on Liability and Penalty (final Orders)

Legal Issues

  1. 1 Whether Acquire engaged in misleading or deceptive conduct under s 18 of the ACL
  2. 2 Whether false or misleading representations were made in contravention of s 29(1)(g) of the ACL
  3. 3 Whether conduct was unconscionable contrary to s 21 of the ACL

Ratio Decidendi

Acquire Learning & Careers Pty Ltd engaged in systemic contraventions of the Australian Consumer Law by using unfair, high-pressure telemarketing tactics upon vulnerable job seekers to induce enrolment in VET FEE-HELP assisted courses through misleading or deceptive conduct, false representations and unconscionable conduct, without providing the prescribed information concerning unsolicited consumer agreements. The admitted conduct constituted breaches of ss 18, 21, 29(1)(g), 34 and 76 of the ACL. In light of the seriousness, deliberateness, involvement of senior management, cooperation, subsequent compliance efforts, and Acquire's parlous financial position, the agreed penalty of $4.5...

Court Disposition

Declarations made. Pecuniary penalty and costs orders granted. Injunctions and compliance orders made as per agreed terms.

Orders

  • Declarations of contraventions of ss 18, 21, 29(1)(g), 34, 76 of ACL for eight job applicants.
  • Injunction restraining Acquire for three years from making specified representations in connection with course enrolments.