AUSTRALIA
Australian Competition and Consumer Commission
www.accc.gov.au
ACCC addresses carbon claims
ACCC Chairman, Mr Graeme Samuel, today launched a suite of ACCC
guidance materials on carbon offsets claims. "There is a growing
trend of marketing claims about the ability to 'neutralise' the
carbon footprint of, for example, cars, flights and households using
carbon offsets," he said.
Goodyear Tyres apologises, offers compensation for unsubstantiated
environmental claims
Goodyear Tyres is offering customers partial refunds as part of a
court enforceable undertaking accepted by the ACCC. During 2007 and
2008, Goodyear Tyres made a number of representations regarding the
environmental benefits of its new Eagle LS2000 range of tyres.
'Time right' for third wave of competition, consumer law reform
The climate is now right for Australia to embark on a third wave of
competition and consumer policy law reform, ACCC Chairman, Mr Graeme
Samuel, said today.*
"Australians are currently
experiencing a difficult period as the cost of living increases," Mr
Samuel said. "But this is not the first time we have experienced
such pressures." Similar pressures had been felt in the early 1970s
and 1990s and governments had responded by "unwavering campaigns of
competition reform and opening previously closed markets to
increased competition."
Nudie's Cranberry Cloudy and Cranberry Blueberry juice claims
misleading
Following legal action by the ACCC, the Federal Court has declared
that Nudie Foods Australia Pty Ltd made misleading claims about two
of its juice products, Rosie Ruby and Rosie Blue, and breached the
consumer protection provisions of the Trade Practices Act 1974.
ACCC begins criminal prosecution against Richard Pratt for allegedly
providing false or misleading evidence
The ACCC has begun criminal proceedings in the Federal Court in
Melbourne against Mr Richard Pratt for allegedly providing false or
misleading evidence in the course of an investigation.
ACCC telecommunications reports show continued investment and lower
prices for consumers
Two annual statutory reports prepared by the ACCC on
telecommunications competitive safeguards, and changes in the prices
paid for telecommunications services were tabled in parliament.
"These reports show that end users continue to reap the benefits of
competition through increased carrier investments, product
innovation and lower prices," ACCC Chairman, Mr Graeme Samuel, said
Gotalk addresses concerns about misleading and harassing
telemarketing
Telecommunications provider Gotalk Ltd will offer to compensate
consumers who suffered a loss as a result of certain telemarketing
practices. The ACCC has accepted court enforceable undertakings from
Gotalk concerning the conduct of its overseas telemarketing agents.
Following investigations, the ACCC formed the view that Gotalk
telemarketers had breached the fair trading provisions of the
Trade Practices Act 1974 prohibiting false or misleading
representations and harassment or coercion*.
Mortgage stress advice for home owners
The ACCC has published advice on its website to assist home owners
experiencing difficulty meeting mortgage repayments. "The ACCC is
aware of the increased pressure on families resulting from higher
mortgage commitments and is concerned about reports that some
businesses may be employing unscrupulous practices to take advantage
of vulnerable home owners," ACCC Chairman, Mr Graeme Samuel, said.
"The ACCC has received
reports that some businesses are targeting home owners struggling to
meet mortgage repayments with the promise of a quick sale at prices
below market value."
ACCC proposes to revoke immunity for eBay's PayPal only policy
The ACCC has issued a draft notice proposing to revoke a
notification* lodged by eBay International A.G. on 11 April 2008.
Under the notification, eBay proposes to mandate the use of PayPal
for almost all transactions on the eBay site. "The ACCC is concerned
that the notified conduct will allow eBay to use its market power in
the supply of online marketplaces to substantially lessen
competition in the market in which PayPal operates," ACCC Chairman,
Mr Graeme Samuel, said today.
ACCC alleges false, misleading and deceptive conduct in promotion of
solarium use
The ACCC has instituted legal proceedings in the Federal Court,
Melbourne, against Tropical Sun Industries Pty Ltd, Body Bronze
International Pty Ltd and the Australian Tanning Association (ATA)
for alleged false, misleading and deceptive conduct in contravention
of the Trade Practices Act 1974*. The ACCC alleges the
parties engaged in the contravening conduct by misrepresenting the
risks associated with solarium use.
Hoover overstates the power output of vacuum cleaners
The ACCC has accepted court enforceable undertakings from Hoover
Floorcare Asia Pacific Pty Ltd concerning the overstatement of the
power output of two of its vacuum cleaners. Hoover has acknowledged
that the represented power ratings of both vacuum cleaners was
potentially misleading under the consumer protection provisions of
the Trade Practices Act 1974 and has offered to compensate
consumers affected by its conduct.
Strengthened Trade Practices laws to assist small business
Small businesses will soon enjoy the greatest protection in 30 years
against predatory pricing and misuse of market power as the result
of proposed changes to the law, ACCC Chairman, Mr Graeme Samuel,
said today. Speaking at the National Small Business Summit in
Sydney, he said after decades of inconsistent interpretation of the
Trade Practices Act predatory pricing and misuse of market
power provisions by the courts, the government was now preparing to
remove blockages in the law that would allow the regulator to take
more effective action on behalf of small businesses.
ACCC acts to remove 'cash for organs' website
The ACCC has secured the removal of a website,
www.cashfororgans.com.au, which claimed to link transplant
donors and recipients. "The ACCC was approached on Wednesday (4/6)
with concerns that the site may be misleading and deceptive," ACCC
Chairman, Mr Graeme Samuel, said today.
Fisher Price Link-a-Doos product alert
In response to ACCC concerns about a potential quality issue with
black and white Fisher Price Link-a-Doos Mattel Pty Ltd today has
issued a product alert. "The ACCC raised the issue with Mattel
following a consumer complaint," ACCC Chairman, Mr Graeme Samuel,
said today. "It was possible that excess white plastic moulding
along the edges and seams of some black and white Link-a-Doos could
be dislodged, posing an inhalation risk when being mouthed by
infants.
CANADA
Competition Bureau
www.competitionbureau.gc.ca
Rising Pump Prices May Fuel Gas Saving Device Claims
As the summer driving season gets underway, the Competition Bureau
is warning consumers to beware of false claims from marketers of
so-called fuel saving devices.
What Does Green Really Mean? Competition Bureau and Canadian
Standards Association seek greater accuracy in environmental claims
The Competition Bureau, in collaboration with the Canadian Standards
Association, released guidelines that provide the business community
with the tools to ensure that green marketing is not misleading,
while providing consumers with greater assurance about the accuracy
of environmental claims.
Finland
Consumer Agency & Ombudsman
Finnish Consumer Agency appeals to
operators: Please show responsibility – walk a mile in your
customers’ shoes!Of
the reports arriving at the Finnish Consumer Agency, the largest
number by far concern broadband and mobile phone subscriber
connections. These problems are also recognized by the operators
themselves, but the situation has still not been corrected. The
Consumer Agency reached for a way out of this impasse by inviting
the companies concerned to a combined seminar.
The Market Court has forbidden
Rentmar Oy’s inappropriate marketing of shares
The Market Court has forbidden Rentmar Oy to continue the
inappropriate marketing of shares. In the future, Rentmar Oy may not
attract customers to a meeting whose purpose is to sell shares of
its stock by advertising the gathering as an opportunity to redeem
raffle winnings. The buyers of shares must also be given the right
to cancel the trade.
Court of Appeal: Skandia Life must
return a customer’s service charges that reduced the value of an
investment
The Court of
Appeal has ordered the pension insurance company, Skandia Life, to
refund a customer’s administration charges about which it had given
misleading and incomplete information. The Consumer Ombudsman
assisted the consumer in court.
Operators required to give a
realistic picture of broadband connection speed
Wireless
broadband connections are not always nearly as fast as they are
claimed to be in adverts or sales talk. The Consumer Agency’s new
policy outlines require operators to give a realistic picture of the
real speed of the connection in their marketing. Likewise, the
geographical factors limiting speed should be mentioned.
See also the Finnish
Consumer Ombudsman's online newsletter
Current Issues on Consumer Law 5/08
http://www.kuluttajavirasto.fi/en-GB/newsletter_eng/
MEXICOConsumer Protection Federal
Agency (Profeco by its initials in Spanish language)
http://www.profeco.gob.mx
Profeco starts the
pilot project Concilianet
·
Its objective is to facilitate and
bring closer the settlement procedure by using information and
communication technologies.
·
Profeco starts the modernization of
procedures and services offered to the citizens.
·
It aims to give attention in an
agile, efficient and timely way.
To enter to Concilianet,
the consumer must consult the web site
www.profeco.gob.mx or should be directed straight to the web
site
http://concilianet.profeco.gob.mx
Obtained from:
http://www.profeco.gob.mx/prensa/prensa08/junio08/bol87.pdf
Attachment document:
NEW
ZEALAND
Commerce Commission
www.comcom.govt.nz
Wings and Wheels over Waikato to refund ticket holders
In a settlement reached with the organisers of the postponed airshow,
Wings and Wheels over Waikato, the Commerce Commission has secured
refunds for those ticket-holders who were misled by the airshow’s
marketing and advertising.
Commerce Commission to conduct Telecommunications Numbering
Management StudyThe Commerce
Commission today issued the terms of reference for a study into
telecommunications numbering.
Court of Appeal confirms NZ Bus acquisition of Mana Coach shares
breached Commerce Act
A judgment released by the Court of Appeal today confirms a High
Court ruling that the attempted acquisition of Mana Coach Services
by New Zealand Bus Limited (NZBL) was likely to substantially lessen
competition in the Wellington regional market for rights to supply
subsidised scheduled public and school bus services, in breach of
section 47 of the Commerce Act.
'Greenwashing' can be misleading - taxi company warned
The Commerce Commission has warned a Wellington taxi company that it
may be misleading consumers with its ‘going green’ campaign.
Commerce Commission urges caution over holiday vouchers
Consumers should be wary of telemarketers selling vouchers for free
or discounted holidays, hotels and flights, the Commerce Commission
warned today.
Commission releases March quarterly report on telecommunications
markets
The Commerce Commission has released its March quarterly monitoring
report containing key statistics about telecommunications markets in
New Zealand and overseas.
Commerce Commission releases first report on broadband quality
The first quarterly report on New Zealand broadband performance has
been released by the Commerce Commission. Commissioned from
broadband measurement consultancy Epitiro and ICT analyst firm IDC,
the report examines the relative performance of New Zealand’s
internet service providers (ISPs).
Geneva Finance refunds customers after Commerce Commission
investigation
Customers of Geneva Finance Limited have received more than $500,000
in refunds, following an out-of-court settlement with the Commerce
Commission.
OECD
www.oecd.org
“Governments give consumers a boost at high level OECD meeting on
the future of the Internet,” Stepped up actions to (i) combat
online identity theft, (ii) strengthen mobile commerce business
practices and (iii) promote more transparency and consumer
flexibility in communication services were highlighted by Ministers
and senior officials participating in a high-level
OECD meeting in Seoul, Korea, on 17-18 June. Policy
guidance was announced in each of the three areas to encourage
countries to put in place effective regimes for protecting and
empowering consumers who buy products and services on-line. Efforts
to protect consumer rights and build trust in e-commerce were two of
the key themes addressed at the Ministerial meeting.
OECD – More efforts needed to fight online
identity theft, says OECD
Governments, regulators and communications
firms, such as Internet Service Providers (ISPs), should do more to
protect people’s personal information online and increase
international co-operation to fight the growing problem of identity
theft, according to a new OECD report.
The report on
Online Identity (ID) Theft
gives an overview of the ways criminals steal people’s personal
information, as well as recommendations for industry and government
to fight them.
Cybercrime and ID theft are among the issues to
be discussed at the 08.30 roundtable, entitled “Building
Confidence”, on June 18 during the
OECD Ministerial meeting on the “Future of the Internet Economy”.
POLAND
Office of Competition and Consumer Protection
www.uokik.gov.pl
Change in the post of President of the OCCP
Polish Prime Minister Donald Tusk appointed
Małgorzata Krasnodębska-Tomkiel as the new President of the Office
of Competition and Consumer Protection.
Commissioner Kuneva at the OCCP
Meglena Kuneva, European Commissioner for Consumer Protection, and
Małgorzata Krasnodębska-Tomkiel, President of the OCCP, discussed
the system of consumer protection in Poland.
UNITED KINGDOM
Office of Fair Trading
www.oft.gov.uk
OFT warns consumers about misleading IVA mailings
The OFT is warning consumers to be careful before responding to
unsolicited mailings which advise them to cancel existing individual
voluntary arrangements (IVAs) and which suggest they opt for an
alternative debt management solution such as bankruptcy instead.
Some such mailings sent out to consumers
misleadingly suggest to recipients they may have been mis-sold the
IVA and/or that bankruptcy may be more suitable for their
circumstances when this may not be the case. These mailings are
being targeted at vulnerable consumers in IVAs by companies who
appear to have accessed their personal contact details from the
public register of people in IVAs which the Insolvency Service is
required by law to maintain.
OFT warns racegoers - 'Don't be taken for a ride'
The OFT is warning consumers who like a flutter on the horses not to
be conned by bogus racing tipster mailings. The OFT estimates that
punters lose at least £5 millions every year to such scams.
To fight back against the
scammers, OFT Scambusters, together with the South East Trading
Standards Scambusters Team, has handed out a fake racing tipster
scam mailing to race goers attending the Derby Festival meeting at
Epsom Downs racecourse.
OFT launches its first education resource to boost consumer skills
The Office of Fair Trading has launched its first ever education
sector resource, with a new consumer education toolkit for teachers.
This reflects the importance that the OFT places on helping to build
skills and confidence amongst consumers to support them in dealing
with businesses and making purchases.
The toolkit, 'Skilled to go', is a free online
resource that uses everyday consumer situations, such as choosing a
mobile phone package or shopping online, as the basis to develop
consumer skills, knowledge and confidence.
OFT gives approval to an estate agents redress scheme
The OFT has given the Ombudsman for Estate Agents Company Limited (OEA)
approval for its estate agents redress scheme under the Consumer
Estate Agents and Redress Act 2007 (CEARA).
With the approval of a redress
scheme, the Secretary of State for Business Enterprise and
Regulatory Reform (BERR) will now be able to make an order under
CEARA requiring all estate agents dealing with residential property
in the UK to join an approved scheme. BERR expects this order to
become law and commence on 1 October 2008, from which time estate
agents will be required to join an approved scheme.
OFT publishes new reports as part of homebuilding market study
The OFT has today published two new reports that it commissioned as
part of its market study into the UK homebuilding industry.
Download
Study investigating financing for homebuilders
Download
New homebuild consumer survey
Three imprisoned in first OFT criminal prosecution for bid rigging
Three UK businessmen were today
sentenced to imprisonment for between two and a half to three years
for cartel offences. All three were also disqualified from acting as
company directors for periods of between five and seven years. These
are the first ever convictions for a cartel offence since criminal
prosecution powers were given to the OFT under the Enterprise Act.
USA
Federal Trade Commission
www.ftc.gov
FTC Reports on Alcohol Marketing and Self-Regulation
Study Finds High Levels of Compliance with Voluntary Placement
Standard
Payday Loan Lead Generators Settle FTC Charges
Two payday loan lead generators have agreed to settle Federal Trade
Commission charges that their Internet advertising stated payday
loan costs and repayment periods without disclosing annual
percentage rate (APR) information as federal law requires.
FTC Warns Against Sweepstakes Scammers Posing as Government
Officials
Putting a new twist on an old scam, con artists are posing as
government officials when they tell consumers they have won a
sweepstakes prize.
FTC Submits Staff Comment to FAA on Proposed Congestion Management
Rule for LaGuardia Airport
The Federal Trade Commission has approved a staff comment to the
Federal Aviation Administration (FAA) on a proposed congestion
management rule for LaGuardia Airport.
FTC, California Office of Privacy Protection to Co-Host Workshop for
Businesses on Best Practices for Protecting Personal Information and
Securing Data
The Federal Trade Commission and the California Office of Privacy
Protection will co-host a half-day public workshop in Los Angeles on
Wednesday, August 13, 2008, on how businesses can secure personal
information and protect the privacy of consumers and employees.
Commission Approves Federal Register Notice Announcing Final
Amendments to Automotive Fuel Ratings
Commission approval of Federal Register notice - The Commission has
approved publication of a Federal Register notice announcing final
amendments to the agency's Fuel Rating Rule.
FTC Warns Consumers About Potential Charity Scams
The Federal Trade Commission is urging consumers to be cautious of
potential charity scams in connection with the recent floods and
tornadoes that have caused damage in the Midwest.
FTC Halts Cross Border Con Artists
Thousands of Small Businesses and Nonprofits Billed for Domain
Registrations They Didn't Get
FTC Staff Files Comments with HUD on Proposed Amendments to RESPA
Regulations
The Federal Trade Commission has authorized its staff to file
comments with the U.S. Department of Housing and Urban Development (HUD)
concerning proposed amendments to regulations implementing the Real
Estate Settlement Procedures Act (RESPA).
FTC Extends Public Rebuttal Comment Period Related to Proposed
Business Opportunity Rule; Commission Approves Final Consent Order
in Matter of Agrium, Inc
Commission extension of public rebuttal comment period: The
Commission has approved the extension of the public rebuttal comment
period related to the Revised Notice of Proposed Rulemaking (RNPR)
in connection with the Business Opportunity Rule. Commission
approval of final consent order: Following a public comment period,
the Commission has approved a final consent order in the matter of
Agrium, Inc.
FTC Testifies on Spyware
The Federal Trade Commission today told the Senate Committee on
Commerce, Science, and Transportation that "legislation authorizing
the Commission to seek civil penalties in spyware cases could add a
potent remedy to those otherwise available to the Commission."
"Free Software CD" Internet Operation Settles FTC Charges
Defendants who allegedly offered "free" software CDs that weren't
free, and billed unsuspecting consumers for a software continuity
program they didn't know they were enrolled in, have agreed to
settle FTC charges that their practices violated federal law.
FTC Sues Subprime Credit Card Marketing Company and Debt Collector
for Deceptive Credit Card Marketing
The Federal Trade Commission today announced the filing of a lawsuit
charging CompuCredit Corporation and its wholly-owned debt
collection subsidiary, Jefferson Capital Systems, LLC, with
deceptive marketing practices in selling credit cards to consumers
in the subprime market.
"We Don't Serve Teens": Slogan for a Safe Summer
Because summer is a time when teen drunk-driving deaths peak and
teens are at high risk of starting to drink, the Federal Trade
Commission is urging adults around the nation to say "Let's Make it
a Safe Summer. Don't Serve Alcohol to Teens."
FTC Press Conference Will Announce Lawsuit Challenging Subprime
Credit Card Marketing Company and Debt Collector
The Federal Trade Commission will announce a law enforcement action
today, charging a credit card marketer and a debt collection company
with using deceptive marketing practices and abusive debt collection
tactics affecting consumers in the subprime market.
FTC Approves Final Consent Order in Matters of CashPro, American
Cash Market, Inc., and Anderson Payday Loans
Commission approval of final consent orders - Following a public
comment period, the Commission has approved the issuance of final
consent orders in the matters of CashPro d/b/a MakePaydayToday.com,
American Cash Market, Inc., and Anderson Payday Loans.
FTC To Host Debt Settlement Workshop
Will Examine Industry Trend Toward For-Profit Consumer Debt Relief
Services
Defendants in Debt Collection Scheme Aimed At Hispanics Agree to
Settle FTC Charges
Two defendants have agreed to settle Federal Trade Commission
charges for allegedly victimizing Spanish-speaking consumers
nationwide by posing as debt collectors seeking money the consumers
did not owe.
FTC Secures Full Proceeds of Business Opportunity Scammer's $100,000
Performance Bond
The Federal Trade Commission today announced that it has
successfully secured the proceeds of repeat offender Richard
Neiswonger's $100,000 performance bond.
Home Buying Consulting Business Penalized for Credit Repair
Violations
Under a federal court order entered on May 29, a home-buying
consulting business that offers credit repair and home-buying
consulting services will pay $10,000 to settle Federal Trade
Commission charges, including illegally charging an advance fee for
credit repair and falsely claiming that it can remove negative
information from consumers' credit reports, even if the information
is accurate and timely.
Before a Hurricane Hits, Make Sure Your Finances Are Safe and Sound
As hurricane season swings into high gear, you may be more than
ready with fully charged batteries, evacuation plans for loved ones
and pets, refilled prescriptions, and other precautions. Perhaps
you've considered how to deal with the possibility of storm surges,
high winds, tornadoes, and flooding.
Operator Who Crammed Unauthorized Charges For Web Site Services Onto
Phone Bills Ordered to Pay $4.1 Million Over FTC Charges
A U.S. district court has ordered a halt to the illegal operations
of a defendant who crammed unauthorized charges for Web site
services onto the phone bills of hundreds of thousands of small
businesses and non-profit organizations.
Cleaning Supply Sellers Agree to Settle FTC Contempt Charges
Dennis J. Saccurato and his businesses, Sparta Chem, Inc. and
Compu-Kleen Inc. of Elmwood Park, have agreed to a settlement with
the Federal Trade Commission in which, among other things, they
admit that they are in contempt for violating a court order barring
them from making fraudulent representations to induce sales of
cleaning supplies and shipping and billing for supplies that
businesses didn't order.
FTC Announces Workshop on 'Green Guides' and Environmental Claims
for Building and Textiles
Third Public Workshop in Series Scheduled for July 15, 2008, in
Washington, DC
FTC Halts Bogus Prepaid Phone Card Claims, Cards Failed to Deliver
the Number of Minutes Promised in Ads
At the request of the Federal Trade Commission, a U. S. District
Court has ordered a temporary halt to the deceptive advertising
claims used to promote prepaid phone cards marketed by Alternatel,
Inc.; G.F.G. Enterprises, LLC, also d/b/a Mystic Prepaid; Voice
Prepaid, Inc.; Voice Distributors, Inc.; Telecom Express, Inc.; and
their principals, pending trial.