ACCC takes HP to the Federal Court

17.10.2012
The Australian Competition and Consumer Commission (ACCC) has taken legal action in the Federal Court against Hewlett-Packard Australia Pty Ltd (HP) for alleged contraventions of the Australian Consumer Law (ACL).

The ACCC alleges that the wholly owned subsidiary of Hewlett-Packard Company engaged in misleading or deceptive conduct by:

The Australian Consumer Law provides consumers with rights to certain remedies from retailers and manufacturers, when goods fail to comply with the consumer guarantee provisions of the ACL, including that the goods are of acceptable quality and fit for the purpose for which they were sold.

That is, if a good is not, for example, of acceptable quality consumers may be entitled to a refund or a replacement item. These rights cannot be excluded, restricted or modified.

The ACCC also alleges that HP, contrary to these rights, represented to consumers that:

The ACCC is seeking a variety of court orders including: Declarations, injunctions, civil pecuniary penalties, disclosure orders, adverse publicity orders, non-party redress for consumers affected by HP's conduct, the implementation of a compliance program, and costs.