Yakka Pty Limited - s.87B undertaking

Yakka is a supplier and manufacturer of clothing. In conjunction with Isuzu-General Motors Australia, Yakka engaged in a joint promotion whereby purchasers of Holden Rodeo vehicles would receive $300 worth of Yakka clothing. The ordering instructions, however, were on the basis of a points system, and purchasers were told that they could select products whose total point did not exceed 100 points. The ACCC later received complaints that the point values attached to the clothes by Yakka were such that 100 points were always less than $300 in value. In response to the Commissions concerns, Yakka undertook to contact all purchasers and provide them with a letter of explanation regarding Yakkas miscalculation of the value of the promotion. Additionally Yakka undertook to provide an apology to purchasers, as well as to offer an additional 50 points which purchasers could redeem for Yakka clothing. These points are worth between $100 and $115. Yakka also undertook to implement a corporate compliance program to ensure that such conduct does not occur again.