Misleading or Deceptive Conduct Claims

Section 18(1) of the ACL states that: “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive”.

The following elements must be established in order to make a claim for misleading or deceptive conduct:

• The conduct was engaged in ‘in trade or commerce’; and
• The conduct must have been misleading or deceptive or likely to mislead or deceive.

Common examples of conduct that may be deceptive or likely to mislead or deceive include:

• Bait advertising and special offers misrepresenting a company’s products or prices to lure in customers;
• False advertising about a company’s goods or services;
• Pricing errors, where products are advertised at an incorrect price, including circumstances where companies deliberately offer a ‘discount’ when in fact the product has not been discounted; or
• The use of small fine print or disclaimers to conceal important information consumers ought to be made aware of.

If you think that you have been the victim of misleading or deceptive conduct, or you have been accused of engaging in misleading or deceptive conduct, our team of experienced lawyers are here to assist you. Call us now for a confidential consultation to discuss your matter and explore your legal rights and options.