What is consumer protection?
Trade practices law consumer protection provisions include:
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False and Misleading Representations
Trade practices law prohibits conduct by businesses, such as entering into a contract, advertising or general sales talk, which is misleading or deceptive, or is likely to mislead or deceive. It specifically prohibits misrepresentations about where products are made and the price, quality or performance of products. The Courts decide whether a particular advertisement or promotion is likely to be misleading or deceptive, but a good test is how the average person would interpret it. "Puffery" or clear exaggeration will not usually mislead, but comparisons, opinions, omissions and disclaimers can be misleading.
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Warranties
Trade practices law also regulates the provision of refunds and warranties. Consumer transactions are automatically covered by warranty protection under the law, whether or not suppliers give their own warranties or guarantees. If statutory warranties are breached, the consumer is entitled to a refund, compensation, repair or replacement. Providers of goods and services cannot tell consumers they are never entitled to refunds or that your warranty overrides all others. Such statements are misleading simply because they mislead consumers about their rights under the law.