Festival regulator the ACCC has brought proceedings in the Federal Court against The Good Guys Discount Warehouses (Australia) Pty Ltd for allegedly making false or misleading statements about its store credits and “StoreCash” promotions, and for failing to provide credits of store. to eligible consumers, in breach of the Australian Consumer Law.
The commission says false or misleading credit claims continued for more than 4 years.
The Good Guys is a wholly-owned subsidiary of client electronics company JB Hi-Fi, which filed the lawsuit separately to the ASX legal through JB chairman Stephen Goddard.
The ACCC said in a statement released Thursday morning that The Good Guys ran 116 promotions between July 2019 and August 2023, during which it offered consumers shopping credits or StoreCash if they spent a certain amount of cash on eligible products in its physical stores or online.
The ACCC alleges that “The Good Guys represented the only requirement to earn store credits to make a qualifying purchase,” when that is not the case because consumers also had to opt-in to receive marketing communications in order to earn store credits.
“We allege that terms allowing consumers to obtain in-store credits as part of The Good Guys promotions were properly communicated in The Good Guys’ marketing materials,” ACCC President Gina Cass-Gottlieb said in the news release.
The ACCC also alleges that The Good Guys represented that store credits or StoreCash would expire or expire after a moderate period of time, when in fact, for most promotions, they would expire within seven to ten days.
“We also noticed that for most promotions, the in-store credits presented expire in a very short period of time, ten days or less, that many consumers were aware of. »
“We are concerned that as a result of the alleged conduct, consumers may have purchased products from The Good Guys that they may not have otherwise purchased. ”
“Companies want to be aware that promotional terms need to be visibly disclosed to consumers, rather than buried in hard-to-find places, otherwise they threaten enforcement action under Australia’s Consumer Law,” said Ms. Cass-Gottlieb.
The ACCC also alleged The Good Guys failed to provide trade credit to thousands of eligible consumers within the time specified in the offers, or within a moderate time, in breach of the Australian Consumer Law.
“Even when consumers came together, we allege that The Good Guys provided trade credits to many eligible consumers,” Cass-Gottlieb said.
The ACCC said it’s all about consumer relief, penalties, declarations, enforcement orders, publication orders and fees.
In its statement, JB Hi-Fi said: “The Good Guys takes compliance with the law very seriously and has a comprehensive compliance program. “The Good Guys has sought to provide pricing and benefits for our consumers and has worked cooperatively with the ACCC throughout its investigation. ”
“As this matter is the subject of a proceeding before the Federal Court, JB Hi-Fi is unable to comment further,” it concluded.
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