Question

An internet company offered 'unlimited download plans for users who signed up to their services. However, the plans were subject to major limitations including speed reductions when a certain amount of data was downloaded. Consider the options below and select most correct response based on this information: The internet company is unlikely to breach s18 of the Australian Consumer Law as they are simply trying to increase their consumer base The internet company is unlikely to breach s 18 of the Australian Consumer Law becuase it is the consumer's responsibility to ask about download speeds for large data downloads The internet company is likely to be in breach of s 18 of the Australian Consumer Law because the download plans were not a good deal for consumers The internet company is likely to be in breach of s 18 of the Australian Consumer Law for failing to disclose the major limitations around speed reductions for large data downloads

Answer 1

Answer: the internet compnay is likely to be in breach of s18 of the australian consumer law for failing to disclose the major limitations around speed reductions for large data downloads.which is looks like misleading the consumers,however their is no definition of the term misleading or deceptive conduct in Australian Consumer Law. The term has been interpreted by the courts to mean conduct that leads, or is likely to lead, a person or persons Consequently, it is necessary to consider the target audience to whom the representation was directed. There are exceptions, but the general rule is that a party who engages in misleading or deceptive conduct will fall foul of a section 18 regardless of whether or not they intended to deceive and even where they have acted reasonably and honestly.