Business Law Assignment - Analysis of ACCC V TPG Case Study

This report examines a business law assignment focusing on the ACCC v TPG case. The assignment analyzes how TPG's advertising campaigns were found to be in violation of the Australian Consumer Law, specifically regarding deceptive and misleading conduct. The report highlights the legal implications of these actions, including the imposition of a pecuniary penalty. It discusses the importance of accurate and transparent advertising practices, referencing the requirement to bundle services with a landline rental and the misrepresentation of setup fees. The analysis considers the target audience and the "dominant message" conveyed by the advertisements, emphasizing the need for businesses to comply with advertising regulations and avoid misleading consumers. References to relevant legal texts and case law are included to support the analysis.

Running head: BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the Student
Name of the University
Author Note

1BUSINESS LAW ASSIGNMENT
Answer to Question 2
In the case the ACCC alleged that TPG’s advertising have contravened the statutory
provisions. The Australian Law aims to protect the goods and service , irrespective of
whether how they advertises through television and radio but they must ensure that they
comply with the law. Advertising and selling expenses are evolved. The practice which is
illegal had to be stopped. The rules and practice of advertising are as follows:
1. The company shall not engage in products that are likely to be deceptive or misleading
2. The company shall not make any false or misleading statements (Miller and Roger
LeRoy 2015)
The company has contravened the Australian Consumer Law under section 18
The company has prohibited the deceptive conduct and it is unlawful for the business and
thus the company makes a claim which is false and misleading on their goods and
services. A statement which is given by the company to the others is misrepresented. This
include the statements make in television or on the websites or in the contracts
Case Study: ACCC V TPG
 TPG had run the advertising campaign.
 In much of the print which is smaller the advertisements which stated in customer
was required” to bundle the service with a landline rental for an additional $30 per
month (for a minimum of 6 months) and pay an overall minimum of $509.89
including a set-up fee and deposit”.

2BUSINESS LAW ASSIGNMENT
 The High Court had found that those advertisements which were to convey a
representation and that the internet service was available without bundling and, at
least in the first phase of the advertisement campaign, a representation that there
would be no set-up fee or deposit (Allen, William T., and Reinier Kraakman).
 On the question of the target audience, the High Court decided that the “dominant
message” was important.
 A pecuniary penalty of $2 million was imposed on TPG for the breach of s 48.
 The overall advertisement had an impact on the consumers and it was misleading

3BUSINESS LAW ASSIGNMENT
References
Miller, Roger LeRoy. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education, 2015.
Allen, William T., and Reinier Kraakman. Commentaries and cases on the law of
business organization. Wolters Kluwer law & business, 2016.