Retail Thera-IP
Your Weekly Dose of Legal Advertising and Marketing Updates in Australia

BACK TO SCHOOL: CONSUMER RIGHTS TRAINING REQUIRED

The fast-paced retail environment poses a high risk for businesses to make false, misleading or deceptive representations about products and consumer rights under the Australian Consumer Law (ACL).  With the Australian Competition and Consumer Commission (ACCC) having the power to impose considerable pecuniary penalties, businesses should be aware of their obligations under the ACL and […]

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ONLINE MARKETING AND TRADE MARKS: TO INFRINGE, OR NOT TO INFRINGE?

…Whether ’tis nobler in the mind to suffer The slings and arrows of poor searchability, Or to take arms against a sea of competitors (with SEO and Adwords) As online visibility becomes essential for connecting with consumers, businesses are increasingly investing in measures to improve traffic on their websites. Some of these include acquiring strategic […]

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ACCC UDPATE: 2019 COMPLIANCE AND ENFORCEMENT PRIORITIES ANNOUNCED

Last week, the Australian Consumer and Competition Commission (ACCC) announced its annual compliance and enforcement priorities for 2019. The list included a number of priorities that are particularly relevant and important for retail and consumer-facing businesses, including: consumer guarantees, particularly in relation to high value white goods and electrical goods; customer loyalty schemes; advertising practices […]

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DON’T BELIEVE THE HYPE: ONLINE RATINGS AND REVIEWS UNDER THE MICROSCOPE

Online ratings and reviews are perceived as a low cost, transparent and real-time way for consumers to make informed purchasing decisions and can therefore be highly influential. Over the past year, there have been a number of enforcement actions successfully brought by the ACCC for businesses manipulating reviews or ratings that appear on their website, […]

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WHEN A FYRE STARTS TO BURN: A CAUTIONARY TALE IN MARKETING

A private island in the Bahamas, an ‘immersive’ music festival experience, return flights on a private jet, luxury eco-friendly villas, world-class gourmet food and partying with supermodels… These were just a few of the representations that organisers made to entice approximately 5,000 ticket holders to attend the Fyre Festival in 2017. This high profile (and […]

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IT’S IN THE WARRANTY: NEW MANDATORY WORDINGS INTRODUCED

From 8 June 2019, businesses supplying services or the supply of goods and services together to consumers must include new mandatory text in any warranty issued to consumers against defects in their products. The amendments to the Competition and Consumer Regulations 2010 (Cth) now equip consumers with the same level of protection from warranties against […]

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CUSTOMER DATA: WHAT YOU SHOULD KNOW!

As online channels become an increasingly important part of retail businesses, organisations are increasingly collecting customer data in the course of trade. This information is rich with insights that can be used by organisations to track consumption patterns, effectively target their advertising to particular consumers or particular groups of consumers and directly contact consumers. With significant […]

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