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QLD Australian Consumer Law - Is This Misleading Conduct?

Discussion in 'Australian Consumer Law Forum' started by GinaJ, 4 August 2016.

  1. GinaJ

    GinaJ Member

    2 August 2016
    Likes Received:
    When I visited newer shop a few day ago. My first impression was great. The large area, many frames, mattresses, assembles. I was served by the shop assistant in a certain area of the shop, going in the middle around. I felt there was something unpleasant. I felt trapped at that area and I realized that there were more than a half of items without any prices and information about each of them.

    I started to observe the shop and other customers. Everybody was in the same situation and there was a little change to go my way and to see other products at the shop because other shop assistant approached to serve again. I said, that there aren't any prices and information and the shop assistant replied that she was there to help me.

    I left the shop with and after that, I had to ask what was being hidden there, why the prices and information aren't displayed. I didn't buy anything and left the shop. It was my first experience in Australia like that.

    I came home, thinking about it again and again. I started looking for information about Australian Customer Law rights and I got on this website.

    Last Saturday, I visited the shop again. The shop assistant remembered me and I said I would like to go my way and I repeat what I said before (no prices and information). I couldn't get to the areas where items without prices were because a guy started to talk to me. I said that I want to know prices and to get information about items. The guy didn't give me any information and he went his way asking his questions.

    He started to be impatient because I repeated my requirement and he suddenly said that I was rude, that he will call the police. I felt shocked! He repeated, again and again "Please, leave!"

    When I said, I would like to talk to the boss, I learned that he is the boss. It was very clear to me, that there isn't any chance to move forward. He said, "Please, leave!" again and again, and I stayed very calm. It was a shocking situation for me and how I was treated.

    I knew I had to stay and I started to record on my mobile what happened in next couple minutes. I said, that "I am your customer and this shop is opened till 3pm and I can stay as long as I like". He was interrupting me and he said that I am not his customer and repeated "Please, leave!"

    This guy is a business owner and he showed unprofessional behaviour. I suppose that was an example of misleading conduct. Am I right?

    My question, is what can I do now? Does anybody have any experience like mine?
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Hi Ginaj,

    Firstly, it may not have been legal for you to start recording your conversation with him, unless he consented. Secondly, why do you want to go back to a shop and do business with a person like this?

    I can't see any basis for "misleading conduct". Find another store to buy what you want to buy.
  3. mossyblog

    mossyblog Member

    7 September 2016
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    Based on my own personal research:

    In the above scenario and if you were in Queensland, you could legally record the conversation without consent. However, you can't publish or distribute that conversation unless it's for legal proceedings.

    It also depends on the products, in some cases, it's an offence to supply goods that do not comply with mandatory ACCC standards, but that doesn't mean pricing must be applied. Information, however, depending on the category is required in some cases.

    Mandatory standards | Product Safety Australia
  4. DMQC

    DMQC Well-Known Member

    29 June 2016
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    There is no basis for a claim of misleading or deceptive conduct under ACL in the situation you have described above. Indeed the lack of prices tags may be a sales tactic that begs for some review, however if not pricing all products in a store were an offence then how could one negotiate a price, etc.?

    I suggest steer clear of this mob, they will ruin themselves without intervention from the ACCC fairly soon by the sounds of it anyway.
  5. Iamthelaw

    Iamthelaw Well-Known Member

    13 September 2016
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    There is never a basis for misleading and deceptive conduct as s18 does not provide for a cause of action.

    OP: This is a poor experience, put it down to that and move on.

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