TPG Internet Misleading Advertising

This business law assignment examines the legal case against TPG Internet Pty Ltd by the Australian Competition and Consumer Commission (ACCC). It analyzes three specific issues in TPG's advertising found to be misleading: discrepancies between advertised terms and contract conditions, failure to prominently display a single price for service packages, and making false or misleading statements. The assignment further explores breaches of sections 52 and 53C(1)(c) of the Trade Practices Act 1974 (Cth) related to deceptive conduct and misleading statements regarding warranties, conditions, exclusions, remedies, and rights.

Running head: BUSINESS LAWS
Business Laws
Name of the student
Name of the university
Author note

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BUSINESS LAWS
Question 1
There were three problems with TPG’s advertising which the ACCC considered to be misleading;
state briefly what those three were
The defendant in this case is a company TPG Internet Pty Ltd which provides internet
connection and telephones to consumers as ADSL2+. Legal action has been taken against the
company by the Australian Competition and Consumer Commission. The allegation which the
ACCC made against the company was that it indulged in misleading and deceptive
advertisements. The three problems which have been alleged by the ACCC in relation to the
advertisements are
1. There was a significant difference between the actual terms which were advertised by
the company and the terms which actually were present in the standard form of
contract.
2. The Trade Practices Act 1974 (Cth) section 53 (1)(C) Had been violated by the
organization as it did not provide a single price with respect to the package of service
prominently in form of a single figure.
3. The Trade Practices Act 1974 (Cth) section 50 had been violated by the organization as it
indulged in making false and misleading statement through the advertisement.

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BUSINESS LAWS
Question 2
Allegations had been made against the organization that it has breached sections 52 and 53C
(1) (c) of the Trade and Practices Act. Section 52 of the Act states that an organization must
prohibit itself from indulging in a conduct which can be deceptive or misleading even if it is
likely to do so with respect to the activities carried on in the course of business. The company
violated the section in with respect to the advertisement made by them. Section 53C (1) (c) of
the TPA states that an organization must prohibit itself from making misleading statements
with respect to warranty, condition, exclusion , remedies and rights in relation to the sale of
goods or services in the course of business. The organization had breached the section as it did
not make a clear advertisement.

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BUSINESS LAWS
References
ACCC v TPG Internet Pty Ltd [2013] HCA 54