A timely reminder of consumer rights

The High Court of Australia has recently heard class actions against both Toyota and Ford.

Although the High Court has not yet delivered judgment, the class actions against Toyota and Ford serve as a timely reminder that consumers are afforded a number of rights under the Australian Consumer Law. Some of the rights that consumers have the right to expect are:

1. That the product sold to them will be of an acceptable quality.
2. That the product will be fit for the purpose for which it is sold.
3. That the product will match the description provided by the business.

Toyota Class Action

The case against Toyota concerns malfunctioning diesel particulate filters which caused its vehicles to blow out smoke. The result of these malfunctions meant that the cars had a reduced fuel efficiency and there was an increase of wear and tear on the cars’ engines.

Toyota was originally ordered to pay 17.5% of the average retail price of each of the affected vehicles, which totals over $2 billion.

On appeal, the amount payable by Toyota was reduced to 10% of the average retail price. The class actions members have appealed to the High Court seeking to have the reduction of damages overturned.

Ford Class Action

The case against Ford concerns several defaults in the dual clutch transmission affecting a range of Ford models. The car owners allege that Ford failed to comply with the Australian Consumer Law on the basis that the vehicles were not of an acceptable quality. Further, it is alleged that Ford engaged in misleading and deceptive conduct through their promotion of the faulty vehicles.

How can Marsdens help you?

As a consumer, it is important to remain mindful of the rights and protections you are afforded under the Australian Consumer Law.

If you have concerns relating to your consumer rights, please contact Aaran Johnson or Bharath Balasubramanian to discuss how Marsdens can assist you.

The contents of this publication is for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.