The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Perth, against LG Electronics Australia Pty Ltd for alleged false and misleading warranty statements in breach of the Trade Practices Act 1974.
Specifically, the ACCC alleges that LG made false representations and/or engaged in misleading or deceptive conduct in relation to statements made in online LG mobile phone user manuals concerning the existence, exclusion or effect of consumer statutory warranties, conditions, rights or remedies*.
The ACCC alleges that by making the representations (which were contained in the user manuals since at least November 2005), LG breached sections 52 and/or 53(g) of the Act.
The ACCC is seeking:
- declarations that LG contravened sections 52 and/or 53(g) of the Act
- injunctions restraining similar conduct in the future
- orders for corrective/public notices
- orders for the upgrade of LG's trade practices compliance program, and
- costs.
The matter has been listed for a directions hearing in the Federal Court, Perth on 9 February 2006.