Himanshu Bist

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Himanshu Bist, Director of Get Gizmo Pty Ltd (Get Gizmo), in relation to contraventions of the unsolicited consumer agreement provisions of the Australian Consumer Law. Section 86(1) of the ACL provides that a supplier of goods under an unsolicited consumer agreement must not accept or require any payment within ten days. 

Mr Himanshu Bist is, and was at all material times, the sole director of Get Gizmo and responsible for the management and operation of the business. Get Gizmo sells electronic consumer goods (such as tablets, laptops and mobile phones) to consumers in Australia via unsolicited telemarketing.

In relation to approximately half of the 8,100 unsolicited consumer agreements entered into by Get Gizmo between February and October 2019, Get Gizmo accepted either partial or full payment for the electronic goods during the statutory 10-day cooling off period. Many of these consumers were located in remote Indigenous communities.   

Mr Himanshu Bist has provided the ACCC with a section 87B undertaking that includes, among other things:

• an admission that Get Gizmo’s conduct is likely to have contravened section 86(1) of the ACL;
• Mr Bist will not be involved in any business that offers, negotiates or enters into an unsolicited consumer agreement for a period of five years; and
• Mr Bist will ensure Get Gizmo:
  • does not engage in further unsolicited consumer sales; and
  • provides redress for consumers affected by the conduct by offering them a full refund for the goods purchased.