ACCC makes claim against Energy Australia

The Australian Competition and Consumer Commission (“ACCC”) has issued proceedings in the Federal Court against Energy Australia’s former telemarketing company, Bright Choice Australia Pty Ltd (“Bright Choice”) for alleged contraventions of the Australian Consumer Law.

The Australian Consumer Law protects consumers in circumstances where door to door or telemarketing salespeople attempt to obtain your business.  At all times companies must not make false or misleading representations or engage in conduct which is misleading or deceptive.

 It is alleged that Bright Choice made false or misleading representations and engaged in misleading and deceptive conduct.  The alleged representations and conduct occurred during cold calls to consumers to sell Energy Australia plans.

 In this case, it is alleged that salespeople from Bright Choice telephoned consumers and represented that they were not signing up to a new agreement with Energy Australia.  That was not the case and Bright Choice allegedly recorded that the consumers entered into a contract with Energy Australia. 

 The ACCC is seeking an injunction against Bright Choice to stop making the alleged contraventions together with orders for penalties and costs.

 This case shows that the ACCC remains active in enforcing the Australian Consumer Law and protecting consumers.

For more information please contact our Dispute Resolution & Litigation team by email litigation@mst.com.au or by telephone +61 85400200.