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Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCA 47 (8 February 2013)

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http://www.austlii.edu.au/au/cases/cth/FCA/2013/47.html

TRADE PRACTICES – proceeding by Commission under s 51AB of Trade Practices Act 1974 (Cth) and s 21 of Schedule 2 to Competition and Consumer Act 2010 (Cth) – whether respondent engaged in unconscionable conduct – matters relevant to unconscionability – where respondent a trading corporation supplying vacuum cleaners – where respondent’s representatives sold vacuum cleaners to consumers during home visit – where consumers initially offered free maintenance check of existing vacuum cleaners – where consumers not informed that respondent’s representatives may attempt to sell respondent’s vacuum cleaners during maintenance check – where maintenance checks alleged to be cursory – where respondent’s representatives allegedly untrained to perform maintenance checks – where consumers of advanced age – where certain representatives breached provisions of State fair trading legislation concerning acceptance of consideration prior to expiry of cooling-off period and length of attendance at consumer’s premises – whether respondent engaged in unfair and pressure sales tactics – whether equivalent vacuum cleaners available in retail stores at lower price


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