Acc V Proud Jewellers 2006

Marketing Innovation is a contemporary consumer law issue which affects consumers in the modern day. The recently reformed Fair Trade Practices Act is now known as the Competition and Consumer Act 2010 which addresses greater protection, reflection of chaining values and a cohesive framework dealing with contemporary issues of new innovations and technology. Nevertheless, due to the change in human nature and ethics, the law will always limp behind. With the advancement of technology and media, there is an increase of unethical practices such as deceptive/misleading advertising, spam, and bait advertising to lure consumers. Legal and non-legal responses have joined forces to resolve conflict and encourage cooperation, however, the effectiveness

Consumer law encompasses a wide range of areas such as marketing innovations and technology. Marketing innovations may include misleading marketing an unethical way to sell goods or services to consumers through false advertising. Consumers are protected under the CCA, which is only somewhat effective because the consumer needs to be socially aware in order to release they are being fooled. False advertising was seen in the case ACCC v Proud jewellers 2006. Proud jewellery advertised price comparison e.g. was $199/ Now $99.50 in catalogs. However advertised product prices were not on sale. Therefore under CCA, the law was breached. Another case of misleading was reported in Sydney Morning Herald 2015 “Close Hit 2.5 million fine over ‘fresh’ bread”. Coles, national advertisements falsified their products over a 2-year case battle with the Federal court. However, according to society i.e. smaller competitors, it was a “smack on the wrist” claiming the fine was inadequate. Major business own over than 70% of market share saturating competition, profits and legal power according to ABS. Therefore, legal

Spam is an example of technology and marketing malpractice as companies use address harvesting technology in order to contact consumers via email and text message. Consumers are protected under the Spam Act 2003 but companies still use spam making the law ineffective as they must rely on consumer reporting in order to fix the illegal workings. Another legal response is the Telecommunications Act 1997 which gives ACC the ability to monitor the code of conduct of the internet. Highly effective in delivering to consumers and keeping them safe domestically, however, the rise of technology and vastness due to globalisation marketing means transnational crimes are harder to control therefore making it ineffective. However the Free trade agreement with Singpore and Thailand creates some effectiveness with globalisation because trading with these countries can be easily monitored therefore protecting consumers. Nevertheless consumer and business are prone to hacking, frauds and security breaches because of technology . The increase in e-commerce means malpractice such as ABC reported in 2015 “Hackers breached Patagonia's website”, with over 600 consumers bank details being compromised. Meaning that consumers have to protect themselves as technology is too vast for the law to deal with specific issue. Also, the case Peter Smythe v Vincent Thomas raises the question on Ebay’s e-marketplace regulations for consumers whether buying