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Error 53 - A minimum of 275 Australian customers were affected by Apple US' error 53 saying they were not eligible for a repair or replacement if a third party have previously repaired their device.

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Australian Consumer Law - "If a product is faulty, customers are legally entitled to a repair or a replacement under the ACL, and sometimes even a refund", ACCC Commissioner Sarah Court said.

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Domain Name Corporation and Agency - Domain Corp Pty Ltd and Domain Name Agency Pty Ltd was ordered by the Federal Court to pay penalties to a total of $1.95 million for breaching the ACL.

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Invoice - The Domain Companies sent out approx. 300,000 unsolicited notices to businesses that misrepresented registration for a new domain as renewal invoices. $2.3 million was paid to the Domain Companies as a result of receiving these notices.

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Injunctions - The Court ordered injunctions of three years against the Domain Companies and five years against the sole director of both Domain Companies, Steven Bell.

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Jenny Craig - Jenny Craig Weight Loss Centres Pty Ltd paid $37,800 in fines after the ACCC issued three infringement notices for breaching the Australian Consumer Law by misleading consumers with their '10kg for $10' ad campaign.

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'10kg for $10' - TV ads promoted that people could lose up to 10kg of weight for a $10 program fee, but did not disclose that food needed to be purchased at an additional cost to the program.

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Employee - The company also failed to disclose that an online testimonial video featured a Jenny Craig employee, rather than an end-user.

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Fitbit - Fitbit AU undertook a court enforceable amendment to provide their customers with further information about their consumer guarantee rights under the Australian Consumer Law (ACL).

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Complaints - "Fitbit has acknowledged that it may have breached the law by misrepresenting what customers were entitled to for faulty products," Court said. 100 complaints about Fitbit’s representations were received by the ACCC.

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Warranty - "If a business offers its own limited express warranty, they must make it clear that the warranty is in addition to the remedies available under the ACL consumer guarantees, not instead of them."

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Wilson Security - After breaching the ACL by charging for security patrols that were not provided Wilson Security will refund 320 WA customers a total of $740,000.

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Missed - According to the ACCC, approx. 48,000 missed internal premise security patrols were charged to customers between 2011 and 2017 in WA.

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Wilson security - "Wilson Security has admitted that by charging customers for services that were not provided, they engaged in misleading or deceptive conduct and made false or misleading representations," Court said.

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Optus - Optus has received a Federal Court order of $1.5 million for making misleading representations to customers about their transition to Optus' National Broadband Network (NBN).

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Force disconnection - Around 14,000 customers were told by Optus that their services would be disconnected if they did not move to the NBN. However Optus could not force disconnection under the terms of its contract.

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NBN services - Optus also misled customers by telling them they had to sign up exclusively to Optus' NBN services when they could have chosen any internet service provider.

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Telstra - Penalties of $10 million are to be paid by Telstra due to a Federal Court order in relation to its third-party billing service known as “Premium Direct Billing” (PDB), following action by the ACCC.

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Unknowingly purchased - Telstra breached the ASIC Act for false or misleading representations to more than 100,000 customers and charging them for digital content, which was unknowingly purchased.

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Premium Direct Billing - “By introducing and operating the Premium Direct Billing service, Telstra generated substantial profits by exposing customers to unauthorised charges,” ACCC Chairman Rod Sims said.

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Ford - The Federal Court ordered Ford to pay $10 million in penalties declaring that it engaged in unconscionable conduct in how it dealt with complaints about PowerShift transmission (PST) cars.

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Issues - "Ford knew that the symptoms of the quality issues with the vehicles were experienced intermittently, but required customers to demonstrate them on demand in the presence of a dealer in order for repairs to be undertaken," Sims said.

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Legally entitled - He continued, "Ford told consumers that refunds and replacement vehicles were not an option, when they may have been legally entitled to these remedies under the consumer guarantees."

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Yazaki - The Full Federal Court has today ordered Yazaki to pay penalties of $46 million for cartel conduct, following an appeal by the ACCC.

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Highest penalty - Under the Competition and Consumer Act (2010), this is the highest penalty ever ordered.

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Automotive components - Sims said, "Cartel conduct is illegal because it not only cheats consumers and other businesses, it also restricts healthy economic growth. For this reason, it is of considerable importance that penalties imposed by the Courts are large enough to act as a sufficient deterrent to prevent companies and their employees contravening Australia’s competition laws."

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Big banks - Big banks Citigroup, Deutsche Bank and ANZ were charged with criminal cartel offences following an investigation by the ACCC.

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Criminal charges - Senior executives John McLean, Itay Tuchman, and Stephen Roberts of Citigroup; Michael Ormaechea and Michael Richardson formerly of Deutsche Bank; and Rick Moscati of ANZ have had several charges laid against them.

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Court - Sims said, "Charges have now been laid by the Commonwealth Director of Public Prosecutions and the matter will be determined by the Court."

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