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Consumer & Fair Trading Claims

If you feel you’ve been taken advantage of, or treated unfairly, talk to McVeagh Fleming about how we can help you make things right.

McVeagh Fleming advises consumers, carefully outlining their rights and obligations under consumer legislation. We provide cost-effective guidance on all aspects of Consumer Law, including:

  • Consumer Guarantees Act: Your rights as a consumer if you have issues with products or services you have purchased.
  • Credit Contracts and Consumer Finance Act: Your rights and protections when borrowing money or purchasing on credit.
  • Fair Trading Act: Your rights if a provider of products or services has misled you.
  • Online safety laws and rules: Advice on anti-spam laws, offensive digital messages and potential issues with electronic transactions.
  • Privacy Act: Advice if you believe your privacy has been breached.
  • Product Safety: Should you suffer a mishap or near accident with products or services you have purchased, we can help.
  • Motor Vehicle Disputes Tribunal: McVeagh Fleming can help if you feel a motor vehicle dealer has unfairly treated you.

Recent Insights

July 2022

Small Business Contracts and Unfair Terms - It's Time to Review Your Contracts!

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.
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January 2020

Unfair Contract Terms

A recent decision in the High Court of New Zealand has provided the first instance of the Courts using the Fair Trading Act 1986 ("FTA") to declare specific terms in a standard form consumer contract unfair, and therefore unenforceable. The decision in Commerce Commission v Home Direct Limited1 was made pursuant to sections in the FTA which were introduced in 2013 and give the Commerce Commission power to apply to the District Court or High Court for a declaration that a term in a standard form consumer contract is unfair.
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May 2019

Heavy Fines Given to Retailers for Misleading Consumers

Recent decisions of the District Court highlight the need for businesses to adhere to the Fair Trading Act 1986 ("FTA") and not mislead their customers, particularly if their customers are 'consumers' under the Consumer Guarantees Act 1993 ("CGA"). Both decisions involved prosecutions by the Commerce Commission against high profile retailers and resulted in substantial fines being awarded against these retailers.
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