StoresOnline Doesn’t Heed ACCC Undertakings
Marketing companies fail to comply with undertakings provided to the ACCC in April 2006.
The Australian Federal court made orders by way of declarations and injunctions relating to breaches of the undertaking by StoresOnline when it conducted e-commerce marketing presentations in Australia in October 2006 and March 2007, even when it said it would do so to the ACCC back in April 2006. StoresOnline admitted the breaches and consented to the court orders being made.
- failing to advise purchasers of the StoresOnline software that they were entitled to a three business day cooling off period
- in circumstances where StoresOnline advised consumers attending its presentations that the StoresOnline software was easy to use or could be used to quickly develop a profitable internet retail business, it failed to also advise those consumers that successful use of the StoresOnline software would depend on a number of factors related to the consumer’s familiarity with computing and business operations
- using testimonials in the conduct of its presentations without first providing the ACCC with a declaration about the nature and content of the testimonials, and
- failing to maintain and archive audio recordings of its presentations in Australia.
- again engaging in the conduct found to breach the undertaking, and
- conducting any presentations in Australia unless the ACCC is given prior notification of the presentations, and an audio recording of each presentation is made.