Consumer Complaints Register:
Discussion Paper - October 2015
Published by:
NSW Fair Trading
PO Box 972
PARRAMATTA NSW 2124
Tel. 13 32 20
www.fairtrading.nsw.gov.au
Disclaimer
Every effort has been made to ensure that the information presented in this discussion paper is accurate
at the time of publication. Because this discussion paper avoids the use of legal language, information
about the law may have been summarised or expressed in general statements. This information should
not be relied upon as a substitute for professional legal advice or reference to the actual legislation.
Copyright Information
© State of New South Wales through NSW Fair Trading, 2015
You may copy, distribute, display, download and otherwise freely deal with this information provided
you attribute NSW Fair Trading as the owner. However, you must obtain permission from NSW Fair
Trading if you wish to 1) modify, 2) charge others for access, 3) include in advertising or a product
for sale, or 4) obtain profit, from the information. Important: For full details, see NSW Fair Trading’s
copyright policy at www.fairtrading.nsw.gov.au/copyright.html or email [email protected]
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Minister’s message
NSW Fair Trading receives over 45,000 complaints from consumers each year
about traders across a large range of industries.
In the spirit of open and transparent government, the NSW Government
believes some of this data should be publicly available. The Government
has asked NSW Fair Trading to develop a register to achieve this.
NSW Fair Trading is therefore working with industry and consumers to
develop a new Consumer Complaints Register showing individual traders
that are the subject of a large number of complaints.
The Register will help consumers make informed decisions about where
they shop and which traders they purchase goods and services from.
We also hope that it can help traders lift standards, shining a light on areas
where customer service and complaint resolution processes could improve.
The register will be available on NSW Fair Trading’s website (www.fairtrading.nsw.gov.au).
This Discussion Paper provides an opportunity to think about the shape and form the Register should
take. We look forward to having a constructive conversation with consumers and traders to design a
Register that will meet the needs of the community.
I encourage you to take this opportunity to have your say, whether it is on all the matters raised in this
Discussion Paper or one or two issues of particular interest to you. All submissions received will be given
careful consideration.
I look forward to your contributions.
Victor Dominello MP
Minister for Innovation and Better Regulation
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Contents
INTRODUCTION ..................................................................................................................................................5
EXECUTIVE SUMMARY .......................................................................................................................................6
WHY HAVE A PUBLIC CONSUMER COMPLAINTS REGISTER? ...........................................................................7
Open data and open government ...............................................................................................................7
Informing and empowering consumers .......................................................................................................8
Improving trader performance .....................................................................................................................8
NSW FAIR TRADING’S COMPLAINTS PROCESS ..................................................................................................9
What is a consumer complaint? ...................................................................................................................9
What happens when a complaint is received? ............................................................................................9
What information does NSW Fair Trading record about complaints? .....................................................12
THE PROPOSED MODEL ...................................................................................................................................13
Key components...........................................................................................................................................13
Complaint outcomes ...................................................................................................................................13
One Register ................................................................................................................................................13
ISSUES FOR DISCUSSION....................................................................................................................................14
Information appearing on the Complaints Register..................................................................................14
Complaints received or finalised complaints?............................................................................................14
Number of traders on the Register.............................................................................................................15
A threshold number of complaints?............................................................................................................15
How often should the Register be updated?.............................................................................................16
What time period should the data cover?..................................................................................................16
How long should the Register data remain publicly available on the NSW Fair Trading website?........16
From what date should complaints data be counted?..............................................................................17
Information about business size or number of transactions.....................................................................17
Franchises, chains and corporate groups....................................................................................................17
Notice to traders...........................................................................................................................................18
Information accompanying the Register....................................................................................................18
APPENDIX 1: Existing avenues for publicly identifying traders .....................................................................19
APPENDIX 2: A. Sample screenshot of complaints dashboard ......................................................................22
B. Worked (anonymised) sample of potential register............................................................23
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Introduction
Purpose of this Discussion Paper
The purpose of this paper is to guide discussion on options for introducing a public Consumer
Complaints Register in NSW.
The NSW Government is seeking feedback on the issues raised and options presented in this paper.
Have your say
We invite you to read this paper and provide comments.
To assist you in making a submission an optional online submission form will be available on our website
at www.fairtrading.nsw.gov.au.
However, this form is not compulsory and submissions can be in any written format.
You may wish to comment on only one or two matters of particular interest or all of the issues raised in
this Discussion Paper.
You can also make submissions by:
• email to: [email protected]
• fax to 02 9338 8918, or
• post to the following address:
Consumer Complaints Register
Fair Trading Policy
PO Box 972
PARRAMATTA NSW 2124
Please take careful note of the deadline for submissions:
Submissions close at 5pm on Friday 30 October 2015.
Important note: release of submissions
All submissions will be made publicly available. If you do not want your personal details or any part
of your submission published, please indicate this clearly in your submission together with reasons.
Automatically generated confidentiality statements in emails are not sufficient. You should also be
aware that, even if you state that you do not wish certain information to be published, there may be
circumstances in which the Government is required by law to release that information (for example, in
accordance with the requirements of the Government Information (Public Access) Act 2009).
Next steps
All submissions received will be acknowledged. Once the consultation period has closed, feedback will
be analysed and all potential options assessed. More information about the progress of the review will
be made available on NSW Fair Trading’s website at www.fairtrading.nsw.gov.au
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Executive summary
Maintaining a good public reputation is vital for traders, large and small. It increases the value of their
business by showing they’ve made an effort to look after their customers, and gives the customer a
reason to continue doing business with the trader.
NSW Fair Trading holds a wealth of information about traders operating in the marketplace, but most of
this is not available to the public.
Introducing a Consumer Complaints Register will highlight traders that are attracting the most
complaints. Making this information publicly available should provide an incentive for businesses to
deliver better customer service and help customers make informed decisions about where to shop.
The NSW Government has introduced a Bill into Parliament that will provide the Commissioner for Fair
Trading with an explicit legislative power to publish complaints data.
Industry and the community are being consulted before the Register is launched. NSW Fair Trading has
already conducted a public survey about what information should be published in relation to goods and
services and the factors that influence purchasing decisions.
This Discussion Paper further contributes to the wider consultation on the Complaints Register. It
outlines Fair Trading’s complaint handling process and the way in which we identify traders and business
practices attracting complaints. It explains the need for a public Complaints Register and recommends
going beyond the current approach of simply naming traders who have been the subject of compliance
and enforcement activities.
The Discussion Paper examines key components of the proposed Register and invites comments on a
number of aspects of the design of the Register.
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Why have a public Consumer Complaints Register?
The idea of sharing performance data is not new, and many public and private sector organisations do so.
NSW Fair Trading already provides some information on its website about traders who have been the
subject of disciplinary or enforcement action (see Appendix 1). However, this information relates only to
finalised court or disciplinary proceedings.
NSW Fair Trading also holds a wealth of other information about businesses, including information
about which businesses are the subject of high numbers of complaints, and the types of complaints that
are most common. This data is not available to the public.
There are a number of compelling reasons for NSW Fair Trading to publish information about complaints
it receives.
Open data and open government
The NSW Government has a commitment to open data and to providing citizens with access to
government-held data unless there is an overriding public interest (such as the privacy of individuals)
against doing so. More than 300 data sets from government agencies are now available at
www.data.nsw.gov.au
This commitment recognises that information is crucial to an efficiently functioning economy and
community. Markets can only operate optimally when consumers have access to information about
traders and the products and services they offer.
In the digital economy, open data is a driver of economic growth and innovation. This data can be used
to improve services, inform the community about trends in the market, hold businesses to account,
create new business models and devise innovative ways to help consumers gain better value in the
marketplace.
Events such as apps4nsw, where app developers use government data and make it more accessible and
useful for the community, show the value of open data.
The Telecommunications Industry Ombudsman, the Financial Ombudsman Service and Credit
Ombudsman Service, and the NSW Energy and Water Ombudsman all make complaint data publicly
available. Websites such as My School and My Hospital share performance data about schools and
hospitals.
The NSW Government’s policy is in line with international trends towards open data and “reputational
regulation” - that is, using performance data to change business behaviour.
The UK Government’s Consumer Empowerment Strategy states that government agencies should
“continue to free the complaint and performance data (in particular on individual businesses) they
already own unless they have a good reason to do otherwise”1.
Some UK regulators are required by legislation to make performance data publicly available.
1. The use of data publication to enable reputational regulation - A UK Regulators Network Consumer Working Group
discussion paper” by Philip Cullum, July 2014, page 4.
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The power of social media means that consumers are already holding traders to account by reporting
on a bad customer experiences across many public forums. This may take the form of social media
campaigns on Facebook or Twitter, industry specific sites like TripAdvisor or UrbanSpoon or dedicated
consumer forums like Whirlpool. In this environment of consumer empowerment, there is an
expectation that government data on trader performance should also be made available.
Informing and empowering consumers
Information about trader performance can empower consumers to make informed choices about where
to go for their future purchases of products and services.
Respondents to NSW Fair Trading’s online survey indicated that reputation plays a very important part in
their decisions about which traders to transact with.
The impact of ratings websites demonstrates the effect that access to information about trader
performance can have on consumer purchasing behaviour.
Improving trader performance
Empowered consumers and the public naming of businesses can prompt traders to improve their
performance. We want to encourage traders to improve their products and services and establish
systems that are responsive to consumers and resolve complaints quickly.
In April 2015, the Telecommunications Industry Ombudsman noted that the Ombudsman’s work in
highlighting the causes of consumer complaint and working with industry to improve services has
contributed to telecommunications providers improving their networks, plans and customer service.
Together with improved regulation to ensure consumers are treated fairly, the Ombudsman’s work has
resulted in four consecutive years of reduced complaint numbers.
Research from the UK Financial Services Authority, and the UK telecommunications and food standards
regulators found that reputational regulation is improving trader performance. For example, the UK’s
Ofcom (the UK communications regulator) complaints data indicates improved performance (measured
by lower complaint volumes) by the most complained about firms over time. Ofgem (the UK’s gas and
electricity market regulator) notes that publication of performance data has contributed to a substantial
fall in the number of energy disconnections.
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NSW Fair Trading’s complaints process
Section 9 of the Fair Trading Act 1987 gives the Commissioner for Fair Trading power to provide
information and advice to consumers, enforce fair trading laws, and receive and deal with complaints
relating to the supply of goods or services.
What is a consumer complaint?
A complaint is an “expression of dissatisfaction made to or about an organisation, related to its
products, services, staff or the handling of a complaint, where a response or resolution is explicitly or
implicitly expected or legally required” (as defined by the joint Australian / New Zealand standard for
complaint handling, AS/NZS 10002-2014).
When a consumer contacts NSW Fair Trading, this contact may be classed as an enquiry or a complaint.
Enquiries are contacts where the consumer does not expect NSW Fair Trading to intervene on the
consumer’s behalf - they may instead be seeking information or other assistance.
Consistent with the Australian standard, a contact is recorded as a complaint in NSW Fair Trading’s
Customer Assistance System (CAS) when the consumer expects NSW Fair Trading to intervene with
the trader on their behalf. Consumers are encouraged to contact the trader to attempt to resolve the
complaint directly with the trader before NSW Fair Trading records the contact as a complaint and
intervenes on their behalf.
Many complaints to NSW Fair Trading do not involve any offence or disciplinary matter about which
NSW Fair Trading can take enforcement action.
Complaints may sometimes involve a breach of the contract with the consumer, and, although NSW
Fair Trading can negotiate with the trader, legal remedies for breach of contract generally lie with the
consumer.
Some complaints to NSW Fair Trading simply involve poor customer service and businesses that do
not respond to consumers’ concerns. Some of these businesses do not assist consumers until NSW Fair
Trading intervenes on their behalf. Where this is a pattern of behaviour, consumers deserve to be aware
of such businesses.
What happens when a complaint is received?
Number of complaints received
NSW Fair Trading receives over 45,000 complaints each year, which translates into around 3750
complaints per month and 125 complaints per day. Eighty percent of these complaints come in online,
12% by post, 4% by email, 3% over the counter, and 1% by phone/fax.
NSW Fair Trading’s complaints process
When a complaint is received from a consumer, it is first “triaged” by NSW Fair Trading staff. Staff check
that NSW Fair Trading has jurisdiction, urgent matters are fast-tracked and matters concerning traders
with a record of multiple complaints are allocated to a case manager.
Complaints are also checked for duplicates. If a duplicate complaint is identified, it is deleted.
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During triage, Fair Trading staff check the identity of the trader to make sure the correct trader name
is recorded. NSW Fair Trading staff check the Australian Securities and Investment Commission (ASIC)
database and may also seek more information from the consumer to ensure the correct trader is
identified.
Staff contact the trader within 10 working days and attempt to negotiate an outcome acceptable to
both parties. NSW Fair Trading aims to finalise complaints within 30 days of receipt, although most
complaints are finalised earlier.
If the conduct complained about may constitute a breach of the law the conduct may be referred to Fair
Trading’s compliance and enforcement area for assessment of whether any enforcement action should
be taken against the trader.
If an outcome acceptable to both parties cannot be negotiated, the consumer is advised of their options.
One option may be to take action against the trader in the NSW Civil and Administrative Tribunal
(NCAT).
Case management
If a trader is the subject of six complaints in six months (or less if some other factor such as vexatious
complaints is involved) a case manager is appointed for that trader. The case manager maintains an
overview of the complaints received about that trader and can detect duplicate complaints and repeated
complaints from the same person. Other reasons for appointing a case manager for a particular
trader include when an issue is likely to gain media and public attention, when the trader’s conduct is
unsatisfactory or in breach of the law, when vulnerable consumers are targeted, or there is a high level
of consumer detriment.
Vexatious complaints
There are a number of ways that NSW Fair Trading’s complaints process guards against vexatious
complaints.
A trader is contacted within 10 days of a complaint being received and the complaint details are
discussed.
Often there is no dispute over whether a transaction occurred – the dispute is instead over the details of
the product or service provided or the appropriate remedy. It is not Fair Trading’s role to assess evidence
as a court would do and make a ruling, but to negotiate an acceptable outcome.
However, if a trader does not have a record of the transaction having occurred, the consumer can be
asked to substantiate their complaint by providing documentation such as a receipt, contract or bank
statement. If no substantiation can be provided, or the consumer cannot be contacted, the record on the
Customer Assistance System will state that there is no documentation to support the complaint.
The appointment of a case manager for traders who are the subject of numerous complaints also helps
to guard against vexatious complaints, as the case manager maintains an overview of all complaints and
can detect duplicates and repeated complaints from the same person.
NSW Fair Trading also appoints case managers to deal with complaints from consumers who lodge
multiple complaints or who are identified as vexatious. All complaints from that person come to the case
manager, and multiple and unreasonable complaints can be identified.
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Complaint handling process
Complaint received
• Check Fair Trading has jurisdiction
• C
heck for duplicate complaints - duplicate
compaints are deleted
• Is the complaint urgent?
• Is the complaint against a trader with a case
manager? - allocate to case manager
Traders identity checked to see that the complaint is
recorded against the correctly named trader
If required, contact the consumer for additional
information and supporting documentation
Fair Trading contacts the trader within 10 working
days - usually by telephone
Trader given 5 working days to respond. More
information may be sought from the consumer if the
trader disagrees or has no record of the transaction
with the consumer
Trader does or does not respond
Consumer contacted and advised of results of
intervention and options
Does the conduct complained about constitute
a breach of the law? - if yes, may also refer for
enforcement action
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What information does NSW Fair Trading record about complaints?
Information currently recorded about complaints includes:
• the trader’s name
• the product or industry sector
• the practice or problem complained about
• the purchase method used
• a range of other information, if the consumer provides it eg. date of transaction, trader address.
Fair Trading uses a large range of categories to record the product/industry sector complained about.
The most common categories of product/industry sector complained about in 2014-15 were:
4,045
tenancy/bonds/residential parks
electrical/electronic/whitegoods/gas appliances
3,079
used cars
2,441
house construction
2,282
2,126
furniture/furnishings/manchester
1,997
clothing/footwear/accessories/jewellery
1,735
car repairs and maintenance
1,614
new cars
travel/tourism
1,410
1,082
property – purchase/sale
0
1000
2000
3000
4000
5000
Complaints
Categories NSW Fair Trading uses to describe the practice or problem complained about include:
• a range of conduct categories (eg. bait advertising, unconscionable conduct)
• quality problems
• supply problems
• safety standards
• prices and charges/rent/fees
• rights and responsibilities
• scams
• misrepresentation
• Fair Trading administration (eg. licence applications and renewals)
• a range of tenancy and strata related practices.
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The proposed model
Key components
The proposed Complaints Register will display data about complaints received by NSW Fair Trading,
including the names of traders who are the subject of the most complaints. This data will be provided to
the public, free of charge, on NSW Fair Trading’s website.
The Register will not disclose highly detailed information on a specific complaint nor will it name any
consumer who has made a complaint. The Register also will not include information about the amount
of money paid by a consumer for a good or service, or the amount of money sought from a trader.
It is anticipated that the data will be in two formats – a spreadsheet, which can be used by third parties
and app developers; and an interactive dashboard.
Appendix 2 shows examples of the proposed spreadsheet and dashboard formats.
Complaint outcomes
It is not proposed at this time to publish information about the outcome of a complaint.
NSW Fair Trading does not always have access to useful information about the outcome of a complaint
for the consumer. For example, NSW Fair Trading may record that a trader has offered redress but the
consumer may consider the redress inadequate as recompense for the consumer’s problem. Consumers
do not always provide information to NSW Fair Trading about whether the redress was accepted or
whether the redress was actually provided as offered. From a trader’s perspective, the trader may offer
redress as a goodwill gesture and recording this may be seen as an admission that they were at fault.
Other than redress offered, other outcomes recorded by NSW Fair Trading are that the complaint was
referred for investigation, a trader is in liquidation, staff were unable to contact the trader or the
consumer, the complaint is outside NSW Fair Trading’s jurisdiction, the complaint is determined to be
unjustified or unreasonable or there is a lack of documentation to show that the transaction occurred.
At the present time, the Complaints Register is simply intended to provide the public with information
about those traders who are the subject of the most complaints.
Regardless of whether a complaint is resolved, the fact that NSW Fair Trading has received numerous
complaints about a trader suggests that consumers are unhappy with the trader’s performance.
Traders who provide good customer service and successfully offer recompense to consumers through
their internal complaint processes are unlikely to be the subject of numerous complaints to NSW Fair
Trading. Similarly, a business that experiences a temporary problem which causes a surge in complaints,
but addresses the problem so that complaints reduce, will not be listed the next time the Complaints
Register is updated.
One Register
It is proposed that there will only be one Complaints Register. Creating different registers for different
industries may result in traders with very low numbers of complaints being listed, which may result in
unfairness.
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Issues for discussion
Information appearing on the Complaints Register
Publishing the number of complaints about a trader by itself gives a consumer limited information about
a trader’s performance. More extensive information, such as what the complaints are about, can help a
consumer to make an informed decision about whether to transact with a trader.
However, detailed information about a complaint can be difficult for NSW Fair Trading to obtain,
as consumers will often provide only the minimum information they consider necessary to enable
the complaint to be addressed. To insist on provision of highly detailed information may discourage
consumers from bringing their complaints to NSW Fair Trading.
It is proposed that the Register will include information about:
• the trader
• the product or service complained about
• the problem or “practice” complained about and
• the purchase method used.
The Register may also include other information about the trader, such as:
• legal name
• registered business name
• business address
• parent company (where relevant)
• franchise group (where relevant)
• licences held (where relevant).
1.
What information should the Register publish about a complaint and why?
2.
What information should the Register publish about a trader and why?
Complaints received or finalised complaints?
Publishing information about complaints that have been received would provide timely information
about complaints received by NSW Fair Trading at a particular point in time. Not all of these complaints
would be finalised and, in the case of those complaints received very recently, the trader may not have
been contacted.
Publishing information about finalised complaints only would mean a “time lag”, meaning the
complaints that are counted in the Register were received between 15 to 30 days earlier than the
publication date. Complaints received very close to the date of publication would not be included as
they would not have been finalised.
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Publishing finalised complaints only would have the advantage of providing time to enable
identification of vexatious complaints so that these complaints could be excluded from the Register.
Publication of finalised complaints would not mean that the outcome of the complaint would be
published. As discussed earlier, NSW Fair Trading is not proposing at this time to publish data about
complaint outcomes.
3.
Should the Register publish data about complaints received or about finalised complaints?
Why?
Number of traders on the Register
The Register could identify the 25, 50 or 100 traders who are subject to the most number of complaints
in a given time period. Or the Register could list all traders complained about within a certain time
period.
NSW Fair Trading currently maintains an internal list of the 50 traders who are subject to the most
complaints. On this Top 50 list, the highest ranking business typically attracts around 35-40 complaints
each month, with the lowest ranking business attracting around 5-7 complaints each month.
4.
How many traders should be identified on the Register and what might be the benefits of
including more or less?
A threshold number of complaints?
Rather than simply publishing information about the 25, 50 or 100 traders who are subject to the most
complaints, a threshold number of complaints could be required before a trader appears on the Register.
The ‘top 20’ traders appearing on the list may in time become the ‘top 17’ if the minimum threshold of
complaints is not reached. This could mean that the Register is helping to improve industry standards.
A minimum threshold would avoid the situation where one or two complaints per year would result in
a trader being on the Register. Many businesses can expect to be subject to a few complaints, but when
complaints become more numerous it is more likely the business is not providing good quality customer
service.
5.
Should there be a minimum threshold for number of complaints before appearing on the
Register? If so, what should it be?
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How often should the Register be updated?
Another issue being considered is when and how often the Register should be updated.
It is important that the Register is updated regularly to be useful as a guide for consumers and to
provide an incentive for behavioural change among traders.
NSW Fair Trading already publishes a quarterly report on its website with details of disciplinary and
enforcement action taken against identified traders. The Complaints Register data could follow the
same pattern or be published more frequently, such as on a monthly basis.
6.
How often should the Register be updated (eg. monthly, quarterly, six monthly)?
What time period should the data cover?
The register data could cover the previous 12 months, the previous 3 months or the previous month. The
shorter the time period covered, the easier it may be to detect changes in the data.
7.
What time period should the Register data cover (eg. previous 12 months, previous 3 months)
and why?
How long should the Register data remain publicly available on the
NSW Fair Trading website?
Should data remain on the Register indefinitely or for a year, a quarter or a month?
If the data remains on the Register for a longer period, it will be easier to study long term changes
and trends in the data. However, traders who have been on the Register previously but have addressed
the problem and are no longer the subject of complaints may feel their names should be removed
completely after a certain time has elapsed.
Compliance and enforcement data which is currently published on the NSW Fair Trading website is
regularly archived. These archives are searchable through online search engines.
Allowing archived data to be searchable may help identify trends, but traders may not wish complaints
data to continue to be available if the issue that caused the complaints has now been addressed.
8.
How long should the Register data remain on the NSW Fair Trading website before being
archived?
9.
Should the Register data be available to be searched after being archived and for how long?
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From what date should complaints data be counted?
Consideration should be given to whether the published complaints data should begin from a specific
forward date or include historical information also. For example, the Register could begin on 1 January
2016 and only include complaints received from that date and into the future.
Publishing data from a future date could allow traders sufficient time to prepare for the release of the
data and to address customer satisfaction problems within their business. However, it would take a few
months for a body of data to build up.
10. From what date should complaints data be counted and included in the public Register?
Information about business size or number of transactions
Information about business size or number of transactions can help consumers to compare businesses of
similar size and better assess their performance.
NSW Fair Trading’s complaint data shows that while one big trader may be subject to a large number
of complaints, often a competitor in the same industry and of equal size is not the subject of the same
number of complaints. This may be because the latter business has made customer service a priority and
is resolving problems to their customers’ satisfaction.
Information about number of transactions is difficult to obtain. Business size, revenue or turnover may
to some extent be used as a substitute for number of transactions, but NSW Fair Trading does not collect
such data.
One way of providing such data may be to provide links to other databases (eg. the Australian Securities
and Investment Commission company database or the Australian Taxation Office Australian Business
Register database) which hold such information.
11. Should the Register show information about the size of businesses being complained about?
12. Is there a practical and simple way of providing information about the size of the business
being complained about?
Franchises, chains and corporate groups
Many businesses operate as franchises. Franchises operate under the same brand name and the same
marketing campaigns. Individual franchises often have their procedures and policies controlled by the
head franchisor – for example, McDonald’s franchises all operate in a similar manner.
Complaints often refer to the particular franchisee a consumer has dealt with – eg. a purchase in a store
in a certain suburb. Some argue that these complaints should be listed on the Complaints Register under
the particular store and the complaints should not be attributed to the brand as a whole.
On the other hand, it could be argued that, given the standard policies and procedures that usually
apply to franchises and the fact that consumers usually go to a franchise because of the overall brand
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name and associated marketing, complaints about a particular store should be attributed to the
franchise brand as a whole.
If complaints are not recorded against the brand as a whole, then neither the franchise brand nor
the individual franchise branch may appear on the Register as the number of complaints against each
franchise branch may not be large enough. This could be considered unfair towards other traders who
operate as a chain under a single company structure where all complaints are recorded against the one
company.
In relation to corporate groups, if different businesses in a group operate independently and with
different brands and business practices, there is less of an argument to record complaints against one
member of the group against the group as a whole.
13. Should complaints about a particular franchise branch be recorded as complaints about the
franchise brand as a whole?
14. Should the same approach be taken with chains and related companies/corporate groups?
Notice to traders
Listing a trader’s name on a Public Complaints Register for the first time is likely to have some negative
impact on a trader’s reputation.
Advance notice that a trader may be listed on the Register may enable the trader to prepare a public
response and be ready with a strategy to address the problem causing the complaints.
In line with NSW Fair Trading’s complaints process, the trader would have already been contacted about
the complaints by the consumer and by NSW Fair Trading.
Any advance notice would be for information only and would not be an opportunity to argue about
whether the trader should be listed on the Register.
15. Should traders be notified in advance that they are going to appear on the Register for the
first time? If so, what period of notice should they be given?
Information accompanying the Register
The information accompanying the Register will need to clearly explain that it has been established
under the Fair Trading Act 1987 as another tool to help consumers make informed decisions about
whether to transact with a particular trader, and to encourage better customer service.
16. What other supporting information should accompany the new Register to explain it to
the public?
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Appendix 1
Existing avenues for publicly identifying traders and providing
information about traders to consumers
As previously mentioned, Fair Trading already identifies traders that have been the subject of disciplinary
or enforcement action. Traders, suppliers and industries can already be publicly named through several
channels:
Statements to the NSW Parliament
The Minister for Innovation and Better Regulation
can make a statement to the Parliament about
a trader, which attracts absolute privilege. The
media can report on this statement.
Public warning statements
Where it is considered to be in the public interest,
a number of legislative provisions allow the
Minister or the Commissioner for Fair Trading
to make a public warning statement about
unsatisfactory goods or services or the businesses
who supply them, businesses who engage in
unfair business practices, or the risks involved in
dealing with certain businesses and suppliers.
Public warning statements are published in
accordance with the Fair Trading Public Warnings
policy and recorded in an online register on the
Fair Trading website.
Disciplinary action (excluding the Home Building
Act 1989)
Disciplinary action can be taken against licence
holders within licensed occupations and businesses
in certain circumstances. Disciplinary matters that
are finalised are published on the Fair Trading
website as part of a register of disciplinary actions.
These disciplinary results are removed from the
website after 2 years.
Home building disciplinary actions
Disciplinary results involving licence holders
under the Home Building Act 1989 are displayed
indefinitely on the public register and are
recorded against the licensee’s online record for
the life of the licence.
Enforceable undertakings
An enforceable undertaking is a legally binding
agreement between Fair Trading and a business
where the business agrees to do certain things
in order to comply with the law. A paper-based
register is maintained of enforceable undertakings
and an abridged version of the register online is
published on the website. These are removed from
the website 2 years after their expiry, unless the
undertaking specifies a longer date.
Consumer Complaints Register - Discussion Paper
19
Prosecution results
The results of all successful prosecutions against
individuals and businesses who have breached fair
trading laws are available on the NSW Fair Trading
website. These are recorded in a register that
identifies the parties which have been subject to
the prosecution and the result achieved.
Enforcement results
Targeted compliance operations are undertaken
throughout NSW to identify and remedy current
and emerging business practices which may lead
to significant breaches of fair trading laws. The
results of these programs are listed by industry
type, are updated monthly and listed on Fair
Trading’s website as Compliance Operation
Results. However, specific traders are not named.
A quarterly summary of enforcement results is
available on the NSW Fair Trading website. This
information includes disciplinary and prosecution
actions undertaken during the period, along with
summaries of penalty infringement notices issued.
These reports are removed from our website after
2 years.
Compliance operation results
Every year, the Year in Review provides
information about investigations and prosecutions
of traders. Previous Year in Review reports and
other annual reports remain on the website as
archive records. Specific traders are named in the
Year in Review and these names are searchable
through online search engines.
Targeted compliance operations are undertaken
throughout NSW to identify and remedy breaches
of fair trading laws. The results of these programs
are listed by industry type, are updated monthly
and listed on Fair Trading’s website as Compliance
Operation Results. However, specific traders are
not named.
Informal release of information
NSW Fair Trading can publicly release information
about certain traders and business practices which
NSW Fair Trading is investigating or about which
enforcement action is being taken.
Consumer Complaints Register - Discussion Paper
20
A Year in Review and annual reports
Every year, the NSW Fair Trading Year in Review
provides information about investigations and
prosecutions of traders. Previous Year in Review
reports and other annual reports remain on the
website as archive records. Specific traders are
named in the Year in Review and these names are
searchable through online search engines.
Unsatisfactory suppliers register
Under s.16 of the Consumer Claims Act 1998
(the Act), the Commissioner may establish,
maintain and publish a list, to be known as the
unsatisfactory suppliers register. This Register may
contain the name of traders who have been the
subject of an adverse report by a member of the
NSW Civil and Administrative Tribunal, who have
failed to comply with a Tribunal order or against
whom more than five orders have been made in
12 months. The Commissioner for Fair Trading
does not currently publish an unsatisfactory
suppliers register.
Consumer Complaints Register - Discussion Paper
21
Appendix 2
A. Sample screenshot of complaints dashboard
Consumer Complaints Register - Discussion Paper
22
Appendix 2
B.
Worked (anonymised) sample of potential register
(on following pages)
Consumer Complaints Register - Discussion Paper
23
Appendix 2
TRADER NAME / GROUP
electronics company
Product Name
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
1
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Warranties
1
Safety\Standards - Unsafe Product\Services
1
FT Administration - Information
1
Quality - Defective Goods
10
Quality - Unsatisfactory Goods
3
Rights\Responsibility - Refunds
15
Rights\Responsibility - Repairs\Maintenance
11
Rights\Responsibility - Rights\Responsibility Not Listed
9
Rights\Responsibility - Warranties
10
Safety\Standards - Safety\Standards Not Listed
1
Safety\Standards - Unsafe Product\Services
34
Quality - Defective Goods
1
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
3
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
4
Safety\Standards - Unsafe Product\Services
1
Quality - Defective Goods
1
Rights\Responsibility - Warranties
2
Retail - Toys
Rights\Responsibility - Repairs\Maintenance
1
Computer and Computer Peripherals - Computer Accessories
Quality - Defective Goods
2
Computer and Computer Peripherals - Laptops
Dispute Resolution - Terms of Contract Dispute
1
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Warranties
1
Retail - Mobile\Smart phones
Retail - Other Electrical and Electronic Goods
household goods retailer
Practice Name
Other Services - Machinery and Equipment Repair and MaintenanceQuality - Unsatisfactory\Non Performance of Service
Total Complaints
(Jul - Aug 2015)
Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods
1
Computer and Computer Peripherals - PCs
Conduct - Misleading\Deceptive
1
Quality - Defective Goods
3
Quality - Defective Work
2
Construction - Bathrooms
Quality - Incomplete Work
1
Construction - House Construction
Quality - Defective Work
1
Construction - Kitchens
Quality - Incomplete Work
1
Rights\Responsibility - Refunds
1
Quality - Defective Work
1
Construction - Other Internal
Practice Name
Total Complaints
(Jul - Aug 2015)
Construction - Tiling Flooring and Floor Covering
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Conduct - Accept Payment Without Intention To Supply
1
Conduct - Unsatisfactory Conduct
1
FT Administration - Information
2
TRADER NAME / GROUP
Product Name
Quality - Defective Goods
8
Quality - Unsatisfactory Goods
16
Quality - Unsatisfactory\Non Performance of Service
3
Rights\Responsibility - Refunds
3
Rights\Responsibility - Repairs\Maintenance
3
Rights\Responsibility - Warranties
2
Safety\Standards - Unsafe Product\Services
1
Supply - Delay
1
Supply - Non\Partial Supply
2
Conduct - Misleading\Deceptive
1
Quality - Defective Goods
5
Quality - Unsatisfactory Goods
5
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
1
Supply - Delay
1
Supply - Non\Partial Supply
2
Retail - Garden Supplies
Quality - Unsatisfactory Goods
1
Retail - Hardware and Building Supplies
Supply - Delay
1
Retail - House ware
Conduct - Accept Payment Without Intention To Supply
1
Quality - Unsatisfactory Goods
1
Retail - Mobile\Smart phones
Quality - Unsatisfactory Goods
1
Retail - Other Electrical and Electronic Goods
Misrepresentation - Misrepresentation Not Listed
1
Quality - Defective Goods
2
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
1
Safety\Standards - Unsafe Product\Services
1
Retail - Sport, Fitness and Camping Equipment
Quality - Unsatisfactory Goods
1
Retail - Vouchers\Coupons
Supply - Non\Partial Supply
1
Property - Property - Purchase or Sale
Conduct - Dummy Bidding
1
Conduct - Failure To Release Monies Held In Trust
1
Conduct - Misleading\Deceptive
5
Retail - Furniture\Furnishings\Manchester
real estate agency
Conduct - Unsatisfactory Conduct
3
Rights\Responsibility - Failure To Supply Information\Documents
1
TRADER NAME / GROUP
Product Name
Property - Property Management (Landlords)
Tenancy\Bonds\Parks - Bonds - Residential
Tenancy\Bonds\Parks - Tenancy - Residential
electronics company
Computer and Computer Peripherals - Computer Accessories
Computer and Computer Peripherals - Laptops
Practice Name
Total Complaints
(Jul - Aug 2015)
Rights\Responsibility - Rights\Responsibility Not Listed
1
Conduct - Failure To Release Monies Held In Trust
1
Conduct - Loss\Damage to Customers Property
2
Conduct - No Authority to Commence Work
2
Conduct - Unsatisfactory Conduct
2
Quality - Unsatisfactory\Non Performance of Service
2
Rights\Responsibility - Refunds
1
Conduct - Non Lodgement of Rental Bond
1
Rights\Responsibility - Refunds
3
Conduct - Loss\Damage to Customers Property
1
Conduct - Misleading\Deceptive
1
Conduct - Unsatisfactory Conduct
3
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Rights\Responsibility - Access\Inspections
1
Rights\Responsibility - Refunds
3
Rights\Responsibility - Repairs\Maintenance
16
Rights\Responsibility - Rights\Responsibility Not Listed
2
Rights\Responsibility - Termination
4
Conduct - Accept Payment Without Intention To Supply
1
Misrepresentation - Misrepresentation Not Listed
1
Misrepresentation - Quality (Misrepresentation)
1
Quality - Defective Goods
1
Rights\Responsibility - Refunds
2
Rights\Responsibility - Warranties
1
Conduct - Accept Payment Without Intention To Supply
2
Conduct - Unconscionable
1
Misrepresentation - Quality (Misrepresentation)
2
Misrepresentation - Uses\Benefits\Facilities\Features
1
Misrepresentation - Warranties\Rights\Remedies
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Quality - Defective Goods
8
Quality - Unsatisfactory Goods
1
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Repairs\Maintenance
1
Computer and Computer Peripherals - Other Computer Peripherals Conduct - Accept Payment Without Intention To Supply
1
Conduct - Bait Advertising
1
Quality - Defective Goods
2
TRADER NAME / GROUP
Product Name
Professional Scientific and Technical Services - Advertising
Conduct - Unconscionable
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Misrepresentation - Misrepresentation Not Listed
1
Rights\Responsibility - Repairs\Maintenance
1
Rights\Responsibility - Rights\Responsibility Not Listed
1
Conduct - Accept Payment Without Intention To Supply
1
Misrepresentation - Warranties\Rights\Remedies
1
Quality - Defective Goods
7
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
1
Conduct - Accept Payment Without Intention To Supply
1
Retail - Other Electrical and Electronic Goods
Retail - Vouchers\Coupons
real estate agency
Rights\Responsibility - Refunds
1
Property - Business - Purchase or Sale
FT Administration - Information
1
Property - Property - Purchase or Sale
Conduct - Dummy Bidding
2
Conduct - Underquoting
1
Conduct - Unlicensed\Unregistered
1
Conduct - Unsatisfactory Conduct
2
Conduct - Loss\Damage to Customers Property
3
Conduct - Unlicensed\Unregistered
1
Property - Property Management (Landlords)
Tenancy\Bonds\Parks - Bonds - Residential
Tenancy\Bonds\Parks - Tenancy - Residential
building / construction company
Practice Name
Total Complaints
(Jul - Aug 2015)
Conduct - Unsatisfactory Conduct
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Conduct - Non Lodgement of Rental Bond
1
Rights\Responsibility - Refunds
3
Conduct - Conduct Not Listed
1
Conduct - Misappropriation of Funds
3
Documentation\Agreement - Rental\Fee Increase Notice
1
Pricing\Charges\Rent\Fees - Arrears
1
Pricing\Charges\Rent\Fees - Rent\Occupancy Fees
1
Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits
1
Rights\Responsibility - Access\Inspections
2
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Repairs\Maintenance
16
Rights\Responsibility - Termination
2
Construction - Landscaping
Supply - Non\Partial Supply
1
Other Services - Gardening\Landscaping
Supply - Non\Partial Supply
1
Retail - Garden Supplies
Supply - Non\Partial Supply
2
Retail - Hardware and Building Supplies
Conduct - Accept Payment Without Intention To Supply
1
Quality - Defective Goods
1
TRADER NAME / GROUP
real estate agency
Product Name
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
1
Supply - Delay
3
Supply - Non\Partial Supply
32
Community\Strata - Strata
By Law - By Law - Parking
1
Property - Holiday Units
Rights\Responsibility - Refunds
1
Property - Property - Purchase or Sale
Conduct - Conduct Not Listed
1
Conduct - Unsatisfactory Conduct
3
Documentation\Agreement - Agreement/Contract
1
Conduct - Unlicensed\Unregistered
1
Conduct - Unsatisfactory Conduct
2
Rights\Responsibility - Refunds
1
Conduct - Unsatisfactory Conduct
1
Property - Property Management (Landlords)
Tenancy\Bonds\Parks - Tenancy - Residential
real estate agency
Practice Name
Total Complaints
(Jul - Aug 2015)
Property - Property - Purchase or Sale
Property - Property Management (Landlords)
Documentation\Agreement - Condition Report
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Pricing\Charges\Rent\Fees - Rent\Occupancy Fees
2
Quality - Unsatisfactory Accommodation
1
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
15
Rights\Responsibility - Rights\Responsibility Not Listed
4
Rights\Responsibility - Termination
1
Conduct - Misleading\Deceptive
3
Conduct - Not Passing On Offer
2
Conduct - Underquoting
1
Conduct - Unsatisfactory Conduct
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Conduct - Unlicensed\Unregistered
2
Conduct - Unsatisfactory Conduct
1
Quality - Unsatisfactory\Non Performance of Service
1
Tenancy\Bonds\Parks - Bonds - Residential
Rights\Responsibility - Refunds
1
Tenancy\Bonds\Parks - Tenancy - Residential
Pricing\Charges\Rent\Fees - Arrears
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
2
Pricing\Charges\Rent\Fees - Rent\Occupancy Fees
2
Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits
1
Quality - Unsatisfactory Accommodation
1
Rights\Responsibility - Access\Inspections
1
TRADER NAME / GROUP
real estate agency
clothing retailer
real estate agency
Product Name
Property - Property - Purchase or Sale
Practice Name
Total Complaints
(Jul - Aug 2015)
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
10
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Termination
4
Conduct - Misleading\Deceptive
1
Conduct - Underquoting
3
Conduct - Unsatisfactory Conduct
1
Rights\Responsibility - Rights\Responsibility Not Listed
1
Property - Property Management (Landlords)
Quality - Unsatisfactory\Non Performance of Service
1
Tenancy\Bonds\Parks - Bonds - Residential
Rights\Responsibility - Refunds
7
Tenancy\Bonds\Parks - Tenancy - Residential
Conduct - Misleading\Deceptive
1
Conduct - Unsatisfactory Conduct
1
Quality - Unsatisfactory Accommodation
1
Rights\Responsibility - Lockout
1
Retail - Clothing\Footwear\Accessories\Jewellery
Property - Property - Purchase or Sale
Property - Property Management (Landlords)
Tenancy\Bonds\Parks - Bonds - Residential
Tenancy\Bonds\Parks - Tenancy - Residential
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
11
Rights\Responsibility - Tenant Database Listing
1
Rights\Responsibility - Termination
1
Conduct - Accept Payment Without Intention To Supply
1
Rights\Responsibility - Refunds
9
Supply - Delay
11
Supply - Non\Partial Supply
10
Conduct - Dummy Bidding
1
Conduct - Misleading\Deceptive
2
Conduct - Underquoting
2
Conduct - Failure To Release Monies Held In Trust
3
Quality - Unsatisfactory\Non Performance of Service
1
Conduct - Non Lodgement of Rental Bond
1
Rights\Responsibility - Refunds
1
Conduct - Misappropriation of Funds
1
Documentation\Agreement - Rental\Fee Increase Notice
1
Misrepresentation - Quality (Misrepresentation)
1
Pricing\Charges\Rent\Fees - Rent\Occupancy Fees
1
Rights\Responsibility - Access\Inspections
1
Rights\Responsibility - Repairs\Maintenance
11
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Termination
2
TRADER NAME / GROUP
second hand dealer & auctions company
Product Name
Automotive (Used) - Motor Car (Used)
Quality - Unsatisfactory Goods
1
Computer and Computer Peripherals - Laptops
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Warranties
1
Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods
3
Other Services - Services Not Listed
FT Administration - Information
1
Retail - Clothing\Footwear\Accessories\Jewellery
Quality - Unsatisfactory Goods
2
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Quality - Defective Goods
1
Quality - Unsatisfactory Goods
4
Rights\Responsibility - Refunds
1
Retail - Food\Drink\Liquor\Tobacco
Supply - Delay
1
Retail - Furniture\Furnishings\Manchester
Quality - Unsatisfactory Goods
2
Supply - Delay
1
Conduct - Misleading\Deceptive
1
Quality - Unsatisfactory Goods
3
Supply - Supply Incorrect Goods
1
Quality - Unsatisfactory Goods
1
Supply - Delay
2
Supply - Non\Partial Supply
1
Supply - Supply Incorrect Goods
1
Retail - Sport, Fitness and Camping Equipment
Rights\Responsibility - Rights\Responsibility Not Listed
1
Other Services - Hairdressing and Beauty
Conduct - Accept Payment Without Intention To Supply
3
Retail - Goods Not Listed
Retail - Other Electrical and Electronic Goods
beauty and medical
electronics company
Practice Name
Total Complaints
(Jul - Aug 2015)
Conduct - Misleading\Deceptive
1
Rights\Responsibility - Refunds
13
Other Services - Medical\Dental
Quality - Quality Not Listed
1
Other Services - Personal Services
Rights\Responsibility - Refunds
1
Supply - Delay
9
Retail - Vouchers\Coupons
Rights\Responsibility - Refunds
1
Computer and Computer Peripherals - Computer Accessories
Quality - Unsatisfactory Goods
2
Computer and Computer Peripherals - Laptops
Rights\Responsibility - Repairs\Maintenance
6
Rights\Responsibility - Rights\Responsibility Not Listed
1
Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods
1
Information Media and Telecommunications - Other Information Services
Rights\Responsibility - Refunds
1
Retail - Mobile\Smart phones
Quality - Defective Goods
2
Quality - Unsatisfactory Goods
5
Rights\Responsibility - Refunds
2
Retail - Other Electrical and Electronic Goods
Rights\Responsibility - Repairs\Maintenance
7
Rights\Responsibility - Refunds
1
TRADER NAME / GROUP
household goods retailer
Product Name
Computer and Computer Peripherals - Laptops
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Construction - Kitchens
Quality - Unsatisfactory Goods
2
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Cancellations\Cooling Off
1
Misrepresentation - Quality (Misrepresentation)
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Defective Goods
6
Quality - Unsatisfactory Goods
2
Rights\Responsibility - Refunds
3
Rights\Responsibility - Repairs\Maintenance
3
Rights\Responsibility - Warranties
1
Supply - Non\Partial Supply
2
Supply - Supply Incorrect Goods
1
Retail - Media systems
Quality - Unsatisfactory Goods
1
Property - Property - Purchase or Sale
Conduct - Misleading\Deceptive
4
Conduct - Underquoting
7
Rights\Responsibility - Refunds
1
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
real estate agency
Property - Property Management (Landlords)
media and telecoms company
Practice Name
Total Complaints
(Jul - Aug 2015)
Rights\Responsibility - Refunds
2
Tenancy\Bonds\Parks - Bonds - Residential
Rights\Responsibility - Refunds
3
Tenancy\Bonds\Parks - Tenancy - Residential
Conduct - Unsatisfactory Conduct
1
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
3
Rights\Responsibility - Termination
1
Information Media and Telecommunications - Cable and Other Subscription
Quality -Broadcasting\Telecasting
Unsatisfactory\Non Performance of Service
Supply - Non\Partial Supply
Information Media and Telecommunications - Internet Service Providers
and Web Search
Portals
Misrepresentation
- Uses\Benefits\Facilities\Features
2
1
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Quality - Unsatisfactory\Non Performance of Service
1
Information Media and Telecommunications - Mobile phone Service Rights\Responsibility
Providers
- Itemised Bills and Proof of Transaction
Supply - Delay
Information Media and Telecommunications - Premium SMS Billing Pricing\Charges\Rent\Fees - High\Unknown fees and charges
Information Media and Telecommunications - Telecommunications Services
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
1
1
2
2
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
3
Quality - Defective Goods
1
Quality - Unsatisfactory\Non Performance of Service
1
Supply - Non\Partial Supply
1
TRADER NAME / GROUP
Product Name
Retail - Mobile\Smart phones
Retail - Other Electrical and Electronic Goods
electronics company
household goods retailer
1
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
1
Computer and Computer Peripherals - Gaming Consoles\Games
Supply - Supply Not Listed
1
Computer and Computer Peripherals - Laptops
Quality - Defective Goods
1
Computer and Computer Peripherals - Other Computer Peripherals Quality - Defective Goods
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Defective Goods
7
Rights\Responsibility - Refunds
2
Supply - Delay
1
Supply - Supply Not Listed
1
Retail - Goods Not Listed
Rights\Responsibility - Repairs\Maintenance
1
Retail - Mobile\Smart phones
Misrepresentation - Availability of Goods\Parts\Repairs
1
Quality - Defective Goods
3
Quality - Unsatisfactory Goods
1
Retail - Other Electrical and Electronic Goods
Rights\Responsibility - Refunds
1
Education and Training - Adult, Community and Other Education
Quality - Unsatisfactory\Non Performance of Service
2
Rights\Responsibility - Cancellations\Cooling Off
3
Rights\Responsibility - Refunds
16
Education and Training - Education\Training Not Listed
Rights\Responsibility - Cancellations\Cooling Off
1
Computer and Computer Peripherals - Laptops
Rights\Responsibility - Refunds
1
Computer and Computer Peripherals - Other Computer Peripherals Rights\Responsibility - Repairs\Maintenance
1
Quality - Defective Goods
3
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
6
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
2
Rights\Responsibility - Refunds
3
Rights\Responsibility - Repairs\Maintenance
1
Rights\Responsibility - Rights\Responsibility Not Listed
1
Automotive (New) - Parts (New)
Rights\Responsibility - Refunds
2
Automotive (Used) - Parts (Used)
Misrepresentation - Quality (Misrepresentation)
1
Rights\Responsibility - Refunds
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Retail - Other Electrical and Electronic Goods
second hand dealer & auctions company
3
Quality - Unsatisfactory\Non Performance of Service
Computer and Computer Peripherals - Computer Accessories
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
education provider
Practice Name
Quality - Defective Goods
Total Complaints
(Jul - Aug 2015)
Other Services - Services Not Listed
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Conduct - Conduct Not Listed
1
Rights\Responsibility - Rights\Responsibility Not Listed
1
FT Administration - Information
1
TRADER NAME / GROUP
Product Name
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Retail - Furniture\Furnishings\Manchester
Dispute Resolution - Terms of Contract Dispute
1
Retail - Goods Not Listed
Conduct - Unsatisfactory Conduct
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
3
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
2
Retail - Second Hand Goods
household goods retailer
media and telecoms company
real estate agency
Rights\Responsibility - Cancellations\Cooling Off
1
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Refunds
1
Other Services - Machinery and Equipment Repair and MaintenanceRights\Responsibility - Warranties
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
media and telecoms company
Practice Name
Total Complaints
(Jul - Aug 2015)
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Defective Goods
2
Quality - Quality Not Listed
2
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Repairs\Maintenance
9
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
2
Supply - Non\Partial Supply
1
Information Media and Telecommunications - Cable and Other Subscription
ConductBroadcasting\Telecasting
- Loss\Damage to Customers Property
Professional Scientific and Technical Services - Advertising
Property - Property - Purchase or Sale
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
2
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
2
Quality - Defective Goods
1
Quality - Unsatisfactory\Non Performance of Service
6
Rights\Responsibility - Cancellations\Cooling Off
2
Rights\Responsibility - Refunds
7
Conduct - Unconscionable
2
Documentation\Agreement - Agreement/Contract
1
FT Administration - Information
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Quality - Quality Not Listed
1
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Cancellations\Cooling Off
9
Rights\Responsibility - Refunds
3
Supply - Supply Not Listed
1
Conduct - Misleading\Deceptive
2
TRADER NAME / GROUP
transport company
household goods retailer
Product Name
Conduct - Unsatisfactory Conduct
2
Tenancy\Bonds\Parks - Bonds - Residential
Rights\Responsibility - Refunds
4
Tenancy\Bonds\Parks - Tenancy - Commercial
Rights\Responsibility - Repairs\Maintenance
1
Tenancy\Bonds\Parks - Tenancy - Residential
Conduct - Unsatisfactory Conduct
2
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
1
Other Services - Parking
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits
1
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
1
Rights\Responsibility - Termination
1
Conduct - Unsatisfactory Conduct
1
FT Administration - Information
1
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
12
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
2
Rights\Responsibility - Rights\Responsibility Not Listed
2
Retail - Clothing\Footwear\Accessories\Jewellery
Quality - Unsatisfactory Goods
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Quality - Unsatisfactory Goods
3
Rights\Responsibility - Warranties
1
Retail - Goods Not Listed
Quality - Unsatisfactory Goods
2
Retail - Hardware and Building Supplies
Supply - Delay
1
Retail - Mobile\Smart phones
Retail - Other Electrical and Electronic Goods
electronics company
Practice Name
Total Complaints
(Jul - Aug 2015)
Computer and Computer Peripherals - Gaming Consoles\Games
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Unsatisfactory Goods
3
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Unsatisfactory Goods
3
Quality - Defective Goods
1
Quality - Unsatisfactory Goods
1
Quality - Unsatisfactory\Non Performance of Service
1
Supply - Non\Partial Supply
1
Computer and Computer Peripherals - Laptops
Quality - Defective Goods
1
Information Media and Telecommunications - Internet Downloads
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Retail - Clothing\Footwear\Accessories\Jewellery
Quality - Defective Goods
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Quality - Defective Goods
2
Quality - Unsatisfactory Goods
1
Quality - Unsatisfactory\Non Performance of Service
3
TRADER NAME / GROUP
household goods retailer
Product Name
Rights\Responsibility - Warranties
1
Retail - Mobile\Smart phones
Quality - Unsatisfactory Goods
1
Retail - Other Electrical and Electronic Goods
Rights\Responsibility - Repairs\Maintenance
2
Supply - Supply Not Listed
1
FT Administration - Information
1
Quality - Unsatisfactory Goods
6
Supply - Non\Partial Supply
3
Supply - Supply Incorrect Goods
3
Supply - Supply Not Listed
1
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
2
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
Retail - Hardware and Building Supplies
sports and fitness company
Practice Name
Total Complaints
(Jul - Aug 2015)
Other Services - Health Club\Gyms
Retail - Sport, Fitness and Camping Equipment
Supply - Non\Partial Supply
1
Rights\Responsibility - Cancellations\Cooling Off
14
Rights\Responsibility - Refunds
2
FT Administration - Information
1
travel and tourism company
Other Services - Travel\Tourism
Rights\Responsibility - Refunds
17
travel and tourism company
Accommodation and Food - Cafes\Restaurants\Takeaway
Rights\Responsibility - Refunds
2
Accommodation and Food - Motels\Hotels\Resorts
Quality - Unsatisfactory\Non Performance of Service
1
real estate agency
Supply - Non\Partial Supply
3
Retail - Clothing\Footwear\Accessories\Jewellery
Supply - Non\Partial Supply
1
Retail - Entertainment (Incl bookings)
Rights\Responsibility - Refunds
1
Retail - Goods Not Listed
Quality - Unsatisfactory Goods
1
Retail - Vouchers\Coupons
Conduct - Misleading\Deceptive
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Supply - Non\Partial Supply
2
Conduct - Misleading\Deceptive
1
Conduct - Unsatisfactory Conduct
1
Property - Property - Purchase or Sale
Property - Property Management (Landlords)
Rights\Responsibility - Failure To Supply Information\Documents
1
Tenancy\Bonds\Parks - Bonds - Residential
Rights\Responsibility - Refunds
2
Tenancy\Bonds\Parks - Tenancy - Residential
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Rights\Responsibility - Lockout
1
Rights\Responsibility - Repairs\Maintenance
7
Rights\Responsibility - Repossession\Debt collection
1
TRADER NAME / GROUP
Product Name
Practice Name
Rights\Responsibility - Termination
household goods retailer
media and telecoms company
car dealer
car dealer
Retail - Furniture\Furnishings\Manchester
1
Quality - Defective Goods
3
Quality - Unsatisfactory Goods
10
Rights\Responsibility - Refunds
1
Supply - Delay
1
Supply - Non\Partial Supply
1
Supply - Supply Incorrect Goods
1
Information Media and Telecommunications - Computer Software\System
Rights\Responsibility
Design and Related
- Cancellations\Cooling
Services
Off
1
Professional Scientific and Technical Services - Advertising
Misrepresentation - Uses\Benefits\Facilities\Features
1
Retail - Mobile\Smart phones
Conduct - Accept Payment Without Intention To Supply
1
Conduct - Misleading\Deceptive
1
Quality - Defective Goods
3
Rights\Responsibility - Refunds
2
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
5
Conduct - Accept Payment Without Intention To Supply
1
Conduct - Misleading\Deceptive
2
Misrepresentation - Misrepresentation Not Listed
2
Automotive (Used) - Motor Car (Used)
Quality - Defective Goods
2
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
3
Rights\Responsibility - Repairs\Maintenance
3
Rights\Responsibility - Rights\Responsibility Not Listed
1
Other Services - Services Not Listed
FT Administration - Information
1
Automotive (New) - Motor Car (New)
Conduct - Misleading\Deceptive
1
Conduct - Unconscionable
2
FT Administration - Information
1
Automotive (Used) - Motor Car (Used)
car dealer
Total Complaints
(Jul - Aug 2015)
Retail - Baby products
Misrepresentation - Warranties\Rights\Remedies
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
3
Quality - Defective Goods
2
Rights\Responsibility - Warranties
1
Conduct - Misleading\Deceptive
1
Quality - Defective Goods
1
Rights\Responsibility - Repairs\Maintenance
1
Rights\Responsibility - Warranties
1
Quality - Defective Goods
2
TRADER NAME / GROUP
travel and tourism company
household goods retailer
Product Name
car dealer
electronics company
travel and tourism company
Quality - Unsatisfactory Goods
3
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Refunds
5
Supply - Delay
3
Supply - Supply Incorrect Goods
1
Other Services - Services Not Listed
Quality - Unsatisfactory\Non Performance of Service
1
Other Services - Travel\Tourism
Quality - Unsatisfactory\Non Performance of Service
13
Rights\Responsibility - Refunds
1
Other Services - Machinery and Equipment Repair and MaintenanceConduct - Accept Payment Without Intention To Supply
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
travel and tourism company
Practice Name
Total Complaints
(Jul - Aug 2015)
Other Services - Travel\Tourism
Automotive (Used) - Motor Car (Used)
8
Supply - Delay
1
Conduct - Accept Payment Without Intention To Supply
3
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Repairs\Maintenance
1
Supply - Non\Partial Supply
1
Conduct - Unsatisfactory Conduct
1
Misrepresentation - Misrepresentation Not Listed
1
Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote
1
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Quality - Unsatisfactory\Non Performance of Service
2
Rights\Responsibility - Cancellations\Cooling Off
2
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
5
Quality - Defective Goods
9
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Repairs\Maintenance
1
Rights\Responsibility - Warranties
2
Supply - Delay
1
Quality - Defective Goods
2
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Rights\Responsibility - Warranties
6
Retail - Goods Not Listed
Quality - Defective Goods
1
Retail - Mobile\Smart phones
Rights\Responsibility - Repairs\Maintenance
1
Accommodation and Food - Motels\Hotels\Resorts
Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed
1
Other Services - Services Not Listed
Rights\Responsibility - Refunds
1
Other Services - Travel\Tourism
Conduct - Misleading\Deceptive
1
Retail - Electrical, Electronic, Whitegoods and Gas Appliance
TRADER NAME / GROUP
Practice Name
Total Complaints
(Jul - Aug 2015)
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
5
Supply - Non\Partial Supply
1
Product Name
Transport Postal and Warehousing - Road\Rail\Air\Water Transport Conduct - Conduct Not Listed
car dealer
car dealer
1
Rights\Responsibility - Rights\Responsibility Not Listed
1
Supply - Non\Partial Supply
1
Pricing\Charges\Rent\Fees - Dual Pricing
1
Quality - Defective Goods
5
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Failure To Supply Information\Documents
1
Rights\Responsibility - Refunds
3
Rights\Responsibility - Warranties
2
Conduct - Conduct Not Listed
1
Conduct - Misleading\Deceptive
1
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Warranties
1
Rights\Responsibility - Cancellations\Cooling Off
1
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Warranties
2
Supply - Non\Partial Supply
1
Automotive Services - Motor Car Repairs and Maintenance
Quality - Unsatisfactory\Non Performance of Service
2
Other Services - Travel\Tourism
Conduct - Accept Payment Without Intention To Supply
5
Conduct - Unsatisfactory Conduct
1
Quality - Unsatisfactory\Non Performance of Service
1
Rights\Responsibility - Cancellations\Cooling Off
1
Rights\Responsibility - Refunds
3
Supply - Delay
1
Conduct - Accept Payment Without Intention To Supply
5
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
4
Rights\Responsibility - Repairs\Maintenance
1
Supply - Supply Incorrect Goods
1
Community\Strata - Strata
FT Administration - Information
1
Property - Property - Purchase or Sale
Conduct - Underquoting
1
Automotive (Used) - Motor Car (Used)
Automotive (New) - Motor Car (New)
Automotive (Used) - Motor Car (Used)
travel and tourism company
household goods retailer
real estate agency
1
Misrepresentation - Misrepresentation Not Listed
Retail - Furniture\Furnishings\Manchester
Tenancy\Bonds\Parks - Bonds - Residential
Conduct - Unsatisfactory Conduct
2
Rights\Responsibility - Refunds
1
TRADER NAME / GROUP
Product Name
Tenancy\Bonds\Parks - Tenancy - Residential
electronics company
Computer and Computer Peripherals - Laptops
Computer and Computer Peripherals - PCs
Practice Name
Total Complaints
(Jul - Aug 2015)
Pricing\Charges\Rent\Fees - High\Unknown fees and charges
1
Rights\Responsibility - Repairs\Maintenance
4
Rights\Responsibility - Rights\Responsibility Not Listed
1
Quality - Defective Goods
2
Quality - Unsatisfactory Goods
1
Rights\Responsibility - Refunds
1
Rights\Responsibility - Repairs\Maintenance
2
Rights\Responsibility - Rights\Responsibility Not Listed
1
Supply - Delay
1
Supply - Non\Partial Supply
2
Supply - Non\Partial Supply
1
NSW Fair Trading – a division of the NSW Department of Finance, Services and Innovation
PO Box 972
PARRAMATTA NSW 2124
Tel:
13 32 20
TTY:
1300 723 404
Web: www.fairtrading.nsw.gov.au