Misleading and
deceptive conduct
Misleading and deceptive conduct covers a wide array of proscribed activities. Some of those include:
-
False or misleading advertising;
-
Misleading product comparisons;
-
False claims about the quality of goods or services;
-
False claims about financial statements or the value of an asset or business;
-
Predictions as to future returns or value where there is no reasonable basis for making them; and
-
Deceptively similar names, design or packaging.
You do not need to be a purchaser or consumer to be protected by the law against misleading and deceptive conduct. Often businesses can take advantage of the law to prevent a competitor using unfair tactics in the market place.
For complaints that involve a loss of business, it is often necessary to move quickly before permanent damage is done in the market place. If you are affected you may be able to get an injunction to prevent continuing breaches, in addition to being compensated for losses caused by them.
Maurice Blackburn has established its reputation as a market leader in pursuing compensation both on behalf of individuals and corporate clients for misleading and deceptive conduct through class actions.
For small complaints, where legal advice may not be justified, we recommend that you look at the website for Consumer Affairs Victoria: www.consumer.vic.gov.au, which sets out a number of fact sheets and provides guidance for resolving consumer complaints.
