First Principles of Business Law

The regulation of undesirable business practices

6. Unsolicited consumer agreements

6.4. Enforcement and remedies

 

 

 

Various remedies are available for a breach of a provision of Chapter 3 of the ACL (injunctions; damages; compensation orders; non-punitive orders; and other orders).

Click here for a description of the available remedies.

In addition, remember that s 82 gives a consumer who has entered into an unsolicited consumer agreement the right to terminate that agreement within specified periods of time if they wish to do so.

Civil pecuniary penalties may be imposed for a breach of the prohibitions against unsolicited consumer transactions. Such conduct is also made an offence, punishable by a fine.

Click here for a description of civil pecuniary penalties.

Click here for a description of offences and fines.

Remember that consumers are best protected when they know their legal rights. This is achieved to some extent by the obligations that are placed on a dealer by the provisions that regulate unsolicted consumer transactions. However, public education will also play an important role in this regard. 

 

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