The Law Handbook 2024

Chapter 7.3: Consumer guarantees 713 provider independently, and was not induced to do so by the supplier of goods or services (s 280(1) ACL). A linked credit provider is also not liable where they had satisfied themselves that the supplier was of good reputation, they had no cause to suspect that the consumer would be entitled to take action for breach of an ACL guarantee, and had no cause to suspect that the supplier could not cover the liability (s 280(2), (3) ACL). A consumer who cancels the contract for unsatisfactory services must return any goods connected with the service even if there is no problem with them. If the consumer had paid any money for the goods, the seller must refund the consumer. The consumer must return the goods, unless that would involve a significant cost (in which case the seller must collect the goods). A linked credit provider who supplies continuing credit (e.g. a credit card) tied to the supply of goods or services is not liable if, given the nature and volume of their business, they had no cause to suspect that a consumer might be entitled to claim damages from the supplier for breach of a guarantee (s 280(4), (5) ACL). Getting help 1 Contact the seller If there is a consumer problem, a consumer should first contact the seller and/or the manufacturer. The consumer should explain the problem, orally or in writing, and it should explain the remedy they want. Writing a complaint in a letter, email or text provides a record of the contact. The letter should also outline the steps the consumer will take if the seller or manufacturer cannot resolve the problem. The letter should ask for a response within a reasonable time (e.g. within 10 business days). 2 Contact third parties such as the ACCC and Consumer Affairs Victoria Consumers can contact the ACCC online (www. accc.gov.au) to report breaches of consumer laws. Consumers can also contact ASIC online (www.asic. gov.au) to report breaches of warranties in relation to the supply of financial services. Consumers with legal problems can contact Consumer Affairs Victoria (see ‘Contacts’, below). 3 Contact industry ombudsmen and dispute resolution schemes Consumers with legal problems may be able to access the complaints process under the industry Codes of Conduct (e.g. banking, insurance) and ombudsman schemes (e.g. the Telecommunications Industry Ombudsman, the Energy and Water Ombudsman). The Australian Financial Complaints Authority (see ‘Contacts’, below) provides a free complaints service in the areas of banking, insurance and financial planning. 4 Contact a community legal centre Consumers with legal problems can obtain free legal advice from community legal centres, such as the Consumer Action Law Centre and Fitzroy Legal Service (see ‘Contacts’, below). 5 Take legal action and go to court A consumer may consider taking private legal action for breaches of consumer guarantees but remember that success is not assured. For small claims in Victoria, go to VCAT. Small business and consumer disputes can be mediated by the Dispute Settlement Centre of Victoria (see ‘Contacts’, below). Also see Chapter 7.4: Taking action as a consumer. Contacts Australian Competition & Consumer Commission (ACCC) Tel: 1300 302 502 Web: www.accc.gov.au Australian Financial Complaints Authority (AFCA) Tel: 1800 931 678 Web: www.afca.org.au Australian Securities & Investments Commission (ASIC) Tel: 1300 300 630 Web: www.asic.gov.au