On 28 July the Australian Competition and Consumer Commission issued a news release reporting on a matter in the Federal Court, Adelaide, in which Nissan Motor Co. (Australia) Pty Ltd pleaded guilty to three counts of misrepresenting the model and price of its Patrol RX Turbo Diesel.
Nissan considers that some of these elements were inaccurately reported. The release reported that among other things Nissan agreed to: enter into enforceable undertakings with the ACCC to write to affected purchasers advising of the findings and that they still have a right of private action; and offer $2000 to those purchasers in compensation for the saving they thought they were getting.
However, the undertakings were to the effect that: Nissan is to commence a compensation process and write to each affected customer; the letter is to notify that Nissan has agreed to make a payment of $2000 to each customer who may have been misled; customers who accept the offer shall be paid within 7 days of confirmation; the ACCC may review the process; the compensation process is to be completed as soon as possible but no later than two months after the conclusion of the prosecution proceedings; and Nissan shall bear the costs of the compensation process.
A full copy of the undertakings agreement is attached to this media release on the ACCC's web site at http://www.accc.gov.au