Ozdirect misled consumers, rules Federal Court

ACCC alleged online retailer engaged in misleading conduct

The Federal Court of Australia has found that online retailer, Ozdirect Online Brands Pty Ltd, engaged in misleading and deceptive conduct with its Web sites including Ozdirect.com, Ozdirect.com.au and ausbuys.com.

Justice Rares stated that Ozdirect had made misrepresentations to consumers, including about the availability and likely delivery times of items advertised for sale, as well as the reasons for the delay in delivery of goods.

"Obviously such conduct is commercially unacceptable as well as being misleading or deceptive,” said Justice Rares in his judgment. He also noted that “such dishonest conduct cannot be permitted or encouraged.”

The ruling came after Australian Competition and Consumer Commission (ACCC) action taken against the online electronics retailer and its director, Paul Albright, in July 2009, alleging conduct that breached sections of the Trade Practices Act 1974. "Other online retailers need to be aware that if they take payment from consumers for goods that they are not able to supply, they will risk similar court action by the ACCC,” said ACCC chairperson Graeme Samuel.

The court found that Ozdirect had made a number of misleading statements in regard to consumer rights, including how consumers who wished to seek a refund for faulty goods had that they only had three days to make a claim, and would only be entitled to a refund by way of a credit note.

Justice Rares found that Ozdirect's conduct was misleading or deceptive and contravened sections 52, 53(g) and 58 of the Trade Practices Act, and that Albright was knowingly concerned in that conduct. According to the ACCC, Ozdirect Online Brands Pty Ltd has ceased trading and Albright’s whereabouts are currently unknown. The ACCC said that a substantial number of Ozdirect customers are still waiting for a refund for goods they have purchased but never received. The ACCC advises customers awaiting a refund and who paid using a credit card to contact their bank about the possibility of seeking a charge-back.

As part of the Australasian Consumer Fraud Taskforce's Fraud Week the ACCC will issue a new publication providing online shopping tips for consumers.

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Australian Competition and Consumer Commission

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Kevin Cheng

Good Gear Guide
Show Comments

Essentials

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

GGG Evaluation Team

Michael Hargreaves

Windows 10 for Business / Dell XPS

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?