The Australian Competition and Consumer Commission (ACCC) has announced that it has instituted proceedings in the Federal Court against Adata Pty Ltd and Adata (Vic) Pty Ltd (together, Adata), alleging that Adata has breached the unsolicited consumer agreement provisions of the Australian Consumer Law (ACL).
The ACCC said the allegations relate to Adata’s supply of end of year individual tax return services to Indigenous recipients of Centrelink payments in remote communities in the NT and WA. It is also alleged that Adata’s sole director was knowingly concerned in, or a party to, the conduct of Adata.
The ACCC alleges that Adata breached the unsolicited consumer agreement provisions of the ACL. The Court will advise the parties about the timing of the first Directions Hearing shortly, the ACCC said.
Source: ACCC media release, 30 June 2014
[LTN 123, 30/6/14]
Extract from Media Release
The ACCC alleges that Adata breached the unsolicited consumer agreement provisions of the ACL by:
- receiving payments from consumers within the 10 business day cooling off period;
- failing to inform consumers of their termination rights;
- failing to provide consumers with an Agreement Document;
- failing to use an Agreement Document which complies with the ACL; and
- calling on consumers on a Sunday.
The ACCC is seeking declarations, injunctions, refunds for affected consumers, and costs.