Consumer Disputes

What are consumer disputes?

In Australia, all businesses must follow the Australian Consumer Law (or ACL for short).  The ACL sets out rules and minimum standards about the supply of goods and services in the interest of protecting consumers.

How does ACL help consumers (customers)?

If a consumer has purchased goods or services that have not met expectations, then they may be able to claim compensation from the supplier.

Some of the things which the ACL guarantees for customers is that:

1. goods much be of acceptable quality;
2. the goods match the description/sample or demonstration model;
3. services are performed with due care and skill; and
4. services are provided within a reasonable time.

There are also rules around the way items are priced and what the prices include.

What to do if you’re concerned your consumer rights may have been breached?

If you are concerned your consumer rights might have been breached, it is important to gather and keep as much information about the produce and service as possible, including:

• receipts;
• advertisements;
• invoices;
• quotes;
• photos of product or service descriptions/samples /demonstrations;
• photos of your product;
• correspondence with the supplier.

If you have attempted to communicate with the business that provided the sub-standard goods or services but they are unwilling to negotiate a mutually acceptable resolution, you should give us a call. We can assess your claim and provide you with advice about your options.

Need help with your consumer complaint? Call for advice:  1800 001 339

What remedies are available under Australian Consumer Law?

What the appropriate remedy is for a consumer where a supplier has not met the minimum consumer guarantees, depends greatly on the consumer and supplier’s circumstances. It will also change depending on the level of breach of the consumer guarantee.

Some of the more common remedies for goods can include:

• Replacement of the goods or product;
• Refund of the amount paid for the goods or the product;
• Compensation (generally monetary) for the lost value of the goods or product; or
• Repair of the item within a reasonable time.

Some of the more common remedies for services can include:

• Receiving a refund for the services;
• Compensation for the difference in the value of the service received and the service paid for; and
• Repair the problem within a reasonable time.

How can IM Lawyers help consumers?

If you are concerned about a product or service you have bought and would like to know what your rights might be, contact us so that we can provide you with advice and assistance about your consumer rights and entitlements.

How can IM Lawyers help businesses?

IM Lawyers can also help businesses in relation to consumer rights.

Firstly, we can help your business to understand its obligations to its consumers and assist them to understand whether they are meeting these obligations.  We can review various aspects of your business including:

• advertising;
• pricing;
• product descriptions.

Secondly, we can assist businesses that have had a consumer dispute (complaint) made against them.  We can make sure you and your business are meeting the correct deadlines to provide information, We can also ensure you are taking all the necessary steps to respond to a claim or complaint.

We are experienced in dispute resolution and can assist to reach a resolution between the parties.