- Section 53 (1) (c) of the “Trade Practices Act”
- Section 53 of the “Trade Practices Act”
- Section 52 of the “Trade Practices Act”
Section 52 of the TPA contains that, an organization or a corporation shall not engage in any act or activity that is deceptive or misleading or has the likelihood of being misleading or deceptive in nature (Corones 2014).
Section 53 of the TPA contains that, an organization or a corporation should not make any false or deceptive representation of any supply or service of the goods along with the warranties, rights and remedies of the service or goods.
3: Bundling: this was an allegation of Primary Judge on TPG as they bundled the price of many of other charges on the ADSL2+ service. Since the advertisement was for target audiences who were first time users of the internet services, hence, the ACCC held that the message should be clear through the process of advertisement.
- The Set up Fee: the Primary Judge of the case held that the dominant message of the advertisement was that, the cost should be inclusive of all the charges this included the setup charge and other charges. However, later the organization imposed other charges as well.
- Single Price: The Primary Judge was of the view that, initially it was told that the price shall be inclusive of all other charges however, later the organization included all other charges apart from dollars 29.99.
Firstly, it cannot be expected out of the target audience to pay so much close attention to the advertisement.
Secondly, the advertisements were of such a nature that it gave a tendency to lead into error.
6: Firstly, in the case of Puxu, the advertisement was not meant for the target audience.
- Secondly, the Full Court failed to realize that the advertisements were misleading in nature (John and Willekes 2014).
John, R. and Willekes, A., 2014. Consumer law: Deceptive advertising: Is it a question of audience?.
Reidy, C., 2015. Competition at basement level.
White, C., 2014. An introduction to the Bail Act 2013. Judicial Officers Bulletin, 26(1), p.1.