Seeking clarity from Full Federal Court.
The Australian Competition & Consumer Commission (ACCC ) has lodged a Notice of Appeal from a Federal Court decision on September 1, 2017 dismissing the ACCC’s proceedings against LG Electronics Australia. 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 TVs.
The ACCC has appealed this decision in order to seek clarity from the Full Federal Court, ACCC deputy chair, Delia Rickard said. “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. 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, Rickard said.
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 inquiry made by consumers only related to the manufacturer’s warranty.