Business Law Report: TPG Advertisements and Trade Practices Act 1974

This report analyzes the legal issues surrounding TPG's advertisements. The report begins by identifying three problems with TPG's advertising, as identified by the ACCC, which include a significant discrepancy between advertised terms and the actual contract terms, a violation of section 53(1)(c) of the Trade Practices Act 1974 by not providing a single price, and a violation of section 50 by making misleading statements. The report further discusses how TPG violated sections 52 and 53C(1)(c) of the Trade Practices Act. Section 52 prohibits misleading conduct in business, and section 53C(1)(c) prohibits misleading statements regarding warranties and remedies. The report references the ACCC v TPG Internet Pty Ltd [2013] HCA 54 case, providing a comprehensive overview of the legal implications of TPG's advertising practices and the relevant consumer protection laws.

Running head: BUSINESS LAWS
Business Laws
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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