The ACCC has lodged a Notice of Appeal from the Federal Court’s decision on 1 September 2017 dismissing the ACCC’s proceedings against LG Electronics Australia Pty Ltd (LG).
The ACCC had alleged that LG made false or misleading representations to certain consumers about their right to a repair, replacement or refund in relation to faulty LG televisions.
The Court dismissed the ACCC’s allegations, finding that LG was under no obligation to inform these consumers of the existence of the Australian Consumer Law remedies available to them because the enquiry made by consumers related only to the manufacturer’s warranty.
“The ACCC has appealed this decision in order to seek clarity from the Full Federal Court. In particular, this appeal is about the extent to which manufacturers should inform people seeking a remedy for a faulty product about their consumer guarantee rights,” ACCC Deputy Chair Delia Rickard said.
“Products and services come with consumer guarantees which may provide remedies over and above those in any manufacturer’s warranty. The ACCC will take appropriate action to ensure that consumers are not misled about their consumer guarantee rights.”
The ACCC commenced proceedings in the Federal Court in December 2015. See: ACCC takes action against LG for alleged false or misleading representations relating to consumer guarantees
The ACCC’s case was dismissed in September 2017. See: Court dismisses ACCC action against LG