Dell to face charges at Aussie courts
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The ACCC has started court proceedings against Dell for false, misleading and deceptive conduct and failure to state the cash prices of goods advertised in newspapers, magazines and the Internet.
A directions hearing is scheduled for February 7 next year, at the Federal Court in Sydney.
The ACCC claims that Dell has breached section 52, section 53(e), and 53(c) of the Trade Practices Act.
In a statement, the ACCC said Dell's advertising misled consumers by failing to clearly indicate that delivery charges were compulsory; what these charges were; and the cash price of their goods, by not stating the delivery-inclusive price in situations where the delivery charge did not vary.
Among the remedies the ACCC is seeking are declarations that Dell Computer breached the relevant provisions of the Act; injunctions restraining Dell from advertising in the same way in the future; orders requiring Dell to publish corrective advertisements in the publications where the original advertisements appeared; refunds of the delivery charges for affected consumers; community service orders; and costs.
A Dell spokesperson said the company would be defending the action, and that it had never knowingly misled a customer. Both the Dell spokesperson and an ACCC representative said they were unable to comment further because the matter was now before the courts.
Staff writer Vivienne Fisher reported from Australia.