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McMillan Shakespeare settles class action over ‘illusory’ car warranties
Class Actions 2020-10-05 10:46 pm By Cat Fredenburgh

McMillan Shakespeare has settled a class action alleging one of its units engaged in unfair tactics and unconscionable conduct in the sale of car warranties that offered “no benefit or value” to consumers.

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ANZ to pay $10M for unconscionable conduct in charging illegal bank fees
Financial Services 2020-10-02 3:09 pm By Christine Caulfield

A judge has ordered Australia and New Zealand Banking Group to pay $10 million in penalties after finding that the bank engaged in unconscionable conduct and breached its obligations by slugging customers $3 million in periodic payment fees it was not entitled to charge.

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Employsure defeats ‘untenable’ ACCC case over Google ads, keywords
Competition & Consumer Protection 2020-10-01 6:34 pm By Miklos Bolza

The ACCC has lost its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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Insurer Allianz taken to court accused of misleading travellers on Expedia
Insurance 2020-09-30 10:38 pm By Christine Caulfield

The corporate regulator has brought action against Allianz Australia alleging the insurer misled consumers who purhased travel insurance on Expedia websites by failing to disclose how premiums were calculated and selling policies to ineligible customers.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Payday lender Cigno pocketed $78M in fees for unlicenced lending, ASIC claims
Financial Services 2020-09-30 5:02 pm By Christine Caulfield

Payday lenders Cigno and BHF Solutions are facing enforcement action by the corporate regulator alleging they breached the credit laws by lending to hundreds of thousands of consumers with a licence and charging $78 million in fees.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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ASIC wins travel ban against advisor accused of impersonating clients for early super release
Financial Services 2020-09-28 1:36 pm By Christine Caulfield

The corporate regulator has secured temporary restraining orders against a financial advisor who is accused of impersonating clients to obtain early release of their superannuation funds and pocket a substantial fee for the service.

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