By Patrick Avenell
The ACCC is appealing the Federal Court’s dismissal of its case against Lux Distributors, a door-to-door floorcare brand once owned globally by Electrolux.
As part of its announcement that it will appeal the court’s decision, the ACCC released more details of its alleges was “unconscionable conduct” by Lux Distributors. The case was originally dismissed by Justice Jessup in early February 2013.
“The ACCC had alleged that between 2009 and 2011, Lux sales representatives called upon five elderly women in their homes under the premise of a free vacuum cleaner maintenance check, and that each of the women was subjected to unfair and pressure sales tactics to induce them to purchase a current model Lux vacuum cleaner,” said an ACCC spokesperson.
The ACCC has previously asserted that at least one of these customers was over 90 years old.
The spokesperson for the ACCC has further alleged that “the Lux representatives who attended the homes of…consumers performed a cursory maintenance check of their existing vacuum cleaners and then, using a Lux demonstration model, proceeded to conduct a test which the ACCC alleges was designed to demonstrate the inferiority of their existing vacuum cleaners to a current model Lux vacuum cleaner”.
The ACCC also claims that these demonstrations lasted at 90 minutes in three cases.
“By the conclusion of the Lux representatives’ attendance at their homes, each of the three consumers had entered into an agreement to purchase a current model Lux vacuum cleaner for a price of, or exceeding, $1999, and none of them was aware that a 10-day statutory cooling off period applied to their purchase.”
Lux Distributors has denied Current.com.au’s repeated calls for comment.