The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Brisbane against Australialink Pty Ltd; its director, Ms Rachel Dargie; and general manager, Mr Desmond O'Keefe.
The ACCC has alleged that Australialink engaged in misleading or deceptive conduct and unconscionable conduct, in breach of sections 52 and 51AC of the Trade Practices Act 1974.
Australialink publishes a number of online business directories, including the Australian Business Pages Directory. The ACCC has alleged that the forms by which Australialink solicits listings for its directories contain representations which are misleading or deceptive, or likely to mislead or deceive, recipients about whether they have had prior dealings with Australialink.
The ACCC further alleges Australialink engaged in misleading or deceptive conduct by sending out notices purporting to be official court forms, in pursuit of payment for its directory listing services.
The ACCC has also alleged that the conduct of Australialink was in all the circumstances unconscionable, as it is alleged that Australialink:
- intentionally conveyed the misleading representations in the notices
- intended to trick, confuse, mislead or deceive recipients into signing and returning the forms it used to solicit orders
- used unfair tactics against the recipients
- failed to disclose to businesses intended conduct of Australialink that might affect their interests, and
- failed to act in good faith.
The ACCC is seeking relief from the court which includes:
- declarations that the conduct of Australialink contravened sections 52 and 51AC of the Act and that Mr O'Keefe and Ms Dargie were knowingly concerned in the contraventions
- injunctions restraining Australialink and Mr O'Keefe and Ms Dargie from engaging in similar conduct in the future
- orders that Mr O'Keefe and Ms Dargie attend relevant trade practices training
- orders that Australialink write to businesses invoiced by Australialink notifying them of the orders made by the court, and
- costs.
The matter has been set down for an interlocutory hearing before Justice Spender on Monday, 15 December 2008.