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Consumer Complaints Register:Discussion Paper - October 2015

Consumer Complaints Register - Discussion Paper 2

Published by:NSW Fair Trading

PO Box 972

PARRAMATTA NSW 2124

Tel. 13 32 20

www.fairtrading.nsw.gov.au

DisclaimerEvery 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]

http://www.fairtrading.nsw.gov.au

http://www.fairtrading.nsw.gov.au/copyright.html

mailto:[email protected]


Minister’s messageNSW 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



ContentsINTRODUCTION .................................................................................................................................................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


Introduction

Purpose of this Discussion PaperThe 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 sayWe 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 stepsAll 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

mailto:[email protected]



Executive summaryMaintaining 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.


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 governmentThe 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.

http://www.data.nsw.gov.au

http://www.ukrn.org.uk/wp-content/uploads/2014/07/Data-publication-to-enable-reputational-regulation.pdf

http://www.ukrn.org.uk/wp-content/uploads/2014/07/Data-publication-to-enable-reputational-regulation.pdf


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.


NSW Fair Trading’s complaints processSection 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.


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.


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

Complaint received

• Check Fair Trading has jurisdiction

• Check 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

Complaint handling process


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:

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.

Complaints

0 1000 2000 3000 4000 5000property – purchase/sale

travel/tourism

new cars

car repairs and maintenance

clothing/footwear/accessories/jewellery

furniture/furnishings/manchester

house construction

used cars

electrical/electronic/whitegoods/gas appliances

tenancy/bonds/residential parks 4,045

3,079

2,441

2,282

2,126

1,997

1,735

1,614

1,410

1,082


The proposed model

Key componentsThe 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.


Issues for discussion

Information appearing on the Complaints RegisterPublishing 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).

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.

1. What information should the Register publish about a complaint and why?

2. What information should the Register publish about a trader and why?


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.

Number of traders on the RegisterThe 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.

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.

3. Should the Register publish data about complaints received or about finalised complaints? Why?

4. How many traders should be identified on the Register and what might be the benefits of including more or less?

5. Should there be a minimum threshold for number of complaints before appearing on the Register? If so, what should it be?


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.

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.

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.

6. How often should the Register be updated (eg. monthly, quarterly, six monthly)?

7. What time period should the Register data cover (eg. previous 12 months, previous 3 months) and why?

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?


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.

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.

Franchises, chains and corporate groupsMany 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

10. From what date should complaints data be counted and included in the public Register?

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?


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.

Notice to tradersListing 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.

Information accompanying the RegisterThe 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.

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?

16. What other supporting information should accompany the new Register to explain it to the public?

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?


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.


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.


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.


Appendix 2

A. Sample screenshot of complaints dashboard


Appendix 2

B. Worked (anonymised) sample of potential register (on following pages)

Appendix 2

TRADER NAME / GROUP Product Name Practice Name

Total Complaints

(Jul - Aug 2015)Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Warranties 1Safety\Standards - Unsafe Product\Services 1FT Administration - Information 1Quality - Defective Goods 10Quality - Unsatisfactory Goods 3Rights\Responsibility - Refunds 15Rights\Responsibility - Repairs\Maintenance 11Rights\Responsibility - Rights\Responsibility Not Listed 9Rights\Responsibility - Warranties 10Safety\Standards - Safety\Standards Not Listed 1Safety\Standards - Unsafe Product\Services 34Quality - Defective Goods 1Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 3Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 4Safety\Standards - Unsafe Product\Services 1Quality - Defective Goods 1Rights\Responsibility - Warranties 2

Retail - Toys Rights\Responsibility - Repairs\Maintenance 1Computer and Computer Peripherals - Computer Accessories Quality - Defective Goods 2

Dispute Resolution - Terms of Contract Dispute 1Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Warranties 1

Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods 1Conduct - Misleading\Deceptive 1Quality - Defective Goods 3Quality - Defective Work 2Quality - Incomplete Work 1

Construction - House Construction Quality - Defective Work 1Quality - Incomplete Work 1Rights\Responsibility - Refunds 1

Construction - Other Internal Quality - Defective Work 1

electronics company Other Services - Machinery and Equipment Repair and Maintenance

Retail - Electrical, Electronic, Whitegoods and Gas Appliance

Retail - Mobile\Smart phones

Retail - Other Electrical and Electronic Goods

household goods retailer

Computer and Computer Peripherals - Laptops

Computer and Computer Peripherals - PCs

Construction - Bathrooms

Construction - Kitchens


Total Complaints

(Jul - Aug 2015)Construction - Tiling Flooring and Floor Covering Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1

Conduct - Accept Payment Without Intention To Supply 1Conduct - Unsatisfactory Conduct 1FT Administration - Information 2Quality - Defective Goods 8Quality - Unsatisfactory Goods 16Quality - Unsatisfactory\Non Performance of Service 3Rights\Responsibility - Refunds 3Rights\Responsibility - Repairs\Maintenance 3Rights\Responsibility - Warranties 2Safety\Standards - Unsafe Product\Services 1Supply - Delay 1Supply - Non\Partial Supply 2Conduct - Misleading\Deceptive 1Quality - Defective Goods 5Quality - Unsatisfactory Goods 5Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 1Supply - Delay 1Supply - Non\Partial Supply 2

Retail - Garden Supplies Quality - Unsatisfactory Goods 1Retail - Hardware and Building Supplies Supply - Delay 1

Conduct - Accept Payment Without Intention To Supply 1Quality - Unsatisfactory Goods 1

Retail - Mobile\Smart phones Quality - Unsatisfactory Goods 1Misrepresentation - Misrepresentation Not Listed 1Quality - Defective Goods 2Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 1Safety\Standards - Unsafe Product\Services 1

Retail - Sport, Fitness and Camping Equipment Quality - Unsatisfactory Goods 1Retail - Vouchers\Coupons Supply - Non\Partial Supply 1

Conduct - Dummy Bidding 1Conduct - Failure To Release Monies Held In Trust 1Conduct - Misleading\Deceptive 5Conduct - Unsatisfactory Conduct 3Rights\Responsibility - Failure To Supply Information\Documents 1


Retail - Furniture\Furnishings\Manchester

Retail - House ware


real estate agency Property - Property - Purchase or Sale


Total Complaints

(Jul - Aug 2015)Rights\Responsibility - Rights\Responsibility Not Listed 1Conduct - Failure To Release Monies Held In Trust 1Conduct - Loss\Damage to Customers Property 2Conduct - No Authority to Commence Work 2Conduct - Unsatisfactory Conduct 2Quality - Unsatisfactory\Non Performance of Service 2Rights\Responsibility - Refunds 1Conduct - Non Lodgement of Rental Bond 1Rights\Responsibility - Refunds 3Conduct - Loss\Damage to Customers Property 1Conduct - Misleading\Deceptive 1Conduct - Unsatisfactory Conduct 3Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Rights\Responsibility - Access\Inspections 1Rights\Responsibility - Refunds 3Rights\Responsibility - Repairs\Maintenance 16Rights\Responsibility - Rights\Responsibility Not Listed 2Rights\Responsibility - Termination 4Conduct - Accept Payment Without Intention To Supply 1Misrepresentation - Misrepresentation Not Listed 1Misrepresentation - Quality (Misrepresentation) 1Quality - Defective Goods 1Rights\Responsibility - Refunds 2Rights\Responsibility - Warranties 1Conduct - Accept Payment Without Intention To Supply 2Conduct - Unconscionable 1Misrepresentation - Quality (Misrepresentation) 2Misrepresentation - Uses\Benefits\Facilities\Features 1Misrepresentation - Warranties\Rights\Remedies 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Quality - Defective Goods 8Quality - Unsatisfactory Goods 1Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Repairs\Maintenance 1Conduct - Accept Payment Without Intention To Supply 1Conduct - Bait Advertising 1Quality - Defective Goods 2

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 - Other Computer Peripherals


Total Complaints

(Jul - Aug 2015)Professional Scientific and Technical Services - Advertising Conduct - Unconscionable 1

Misrepresentation - Misrepresentation Not Listed 1Rights\Responsibility - Repairs\Maintenance 1Rights\Responsibility - Rights\Responsibility Not Listed 1Conduct - Accept Payment Without Intention To Supply 1Misrepresentation - Warranties\Rights\Remedies 1Quality - Defective Goods 7Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 1Conduct - Accept Payment Without Intention To Supply 1Rights\Responsibility - Refunds 1

Property - Business - Purchase or Sale FT Administration - Information 1Conduct - Dummy Bidding 2Conduct - Underquoting 1Conduct - Unlicensed\Unregistered 1Conduct - Unsatisfactory Conduct 2Conduct - Loss\Damage to Customers Property 3Conduct - Unlicensed\Unregistered 1Conduct - Unsatisfactory Conduct 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Conduct - Non Lodgement of Rental Bond 1Rights\Responsibility - Refunds 3Conduct - Conduct Not Listed 1Conduct - Misappropriation of Funds 3Documentation\Agreement - Rental\Fee Increase Notice 1Pricing\Charges\Rent\Fees - Arrears 1Pricing\Charges\Rent\Fees - Rent\Occupancy Fees 1Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits 1Rights\Responsibility - Access\Inspections 2Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Repairs\Maintenance 16Rights\Responsibility - Termination 2

Construction - Landscaping Supply - Non\Partial Supply 1Other Services - Gardening\Landscaping Supply - Non\Partial Supply 1Retail - Garden Supplies Supply - Non\Partial Supply 2

Conduct - Accept Payment Without Intention To Supply 1Quality - Defective Goods 1



Retail - Vouchers\Coupons

real estate agency

Property - Property - Purchase or Sale




building / construction company

Retail - Hardware and Building Supplies


Total Complaints

(Jul - Aug 2015)Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 1Supply - Delay 3Supply - Non\Partial Supply 32

Community\Strata - Strata By Law - By Law - Parking 1Property - Holiday Units Rights\Responsibility - Refunds 1

Conduct - Conduct Not Listed 1Conduct - Unsatisfactory Conduct 3Documentation\Agreement - Agreement/Contract 1Conduct - Unlicensed\Unregistered 1Conduct - Unsatisfactory Conduct 2Rights\Responsibility - Refunds 1Conduct - Unsatisfactory Conduct 1Documentation\Agreement - Condition Report 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Pricing\Charges\Rent\Fees - Rent\Occupancy Fees 2Quality - Unsatisfactory Accommodation 1Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 15Rights\Responsibility - Rights\Responsibility Not Listed 4Rights\Responsibility - Termination 1Conduct - Misleading\Deceptive 3Conduct - Not Passing On Offer 2Conduct - Underquoting 1Conduct - Unsatisfactory Conduct 2Rights\Responsibility - Rights\Responsibility Not Listed 1Conduct - Unlicensed\Unregistered 2Conduct - Unsatisfactory Conduct 1Quality - Unsatisfactory\Non Performance of Service 1

Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 1Pricing\Charges\Rent\Fees - Arrears 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 2Pricing\Charges\Rent\Fees - Rent\Occupancy Fees 2Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits 1Quality - Unsatisfactory Accommodation 1Rights\Responsibility - Access\Inspections 1

real estate agency








Total Complaints

(Jul - Aug 2015)Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 10Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Termination 4Conduct - Misleading\Deceptive 1Conduct - Underquoting 3Conduct - Unsatisfactory Conduct 1Rights\Responsibility - Rights\Responsibility Not Listed 1

Property - Property Management (Landlords) Quality - Unsatisfactory\Non Performance of Service 1Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 7

Conduct - Misleading\Deceptive 1Conduct - Unsatisfactory Conduct 1Quality - Unsatisfactory Accommodation 1Rights\Responsibility - Lockout 1Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 11Rights\Responsibility - Tenant Database Listing 1Rights\Responsibility - Termination 1Conduct - Accept Payment Without Intention To Supply 1Rights\Responsibility - Refunds 9Supply - Delay 11Supply - Non\Partial Supply 10Conduct - Dummy Bidding 1Conduct - Misleading\Deceptive 2Conduct - Underquoting 2Conduct - Failure To Release Monies Held In Trust 3Quality - Unsatisfactory\Non Performance of Service 1Conduct - Non Lodgement of Rental Bond 1Rights\Responsibility - Refunds 1Conduct - Misappropriation of Funds 1Documentation\Agreement - Rental\Fee Increase Notice 1Misrepresentation - Quality (Misrepresentation) 1Pricing\Charges\Rent\Fees - Rent\Occupancy Fees 1Rights\Responsibility - Access\Inspections 1Rights\Responsibility - Repairs\Maintenance 11Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Termination 2



clothing retailer Retail - Clothing\Footwear\Accessories\Jewellery






Total Complaints

(Jul - Aug 2015)Automotive (Used) - Motor Car (Used) Quality - Unsatisfactory Goods 1

Quality - Unsatisfactory Goods 1Rights\Responsibility - Warranties 1

Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods 3Other Services - Services Not Listed FT Administration - Information 1Retail - Clothing\Footwear\Accessories\Jewellery Quality - Unsatisfactory Goods 2

Quality - Defective Goods 1Quality - Unsatisfactory Goods 4Rights\Responsibility - Refunds 1

Retail - Food\Drink\Liquor\Tobacco Supply - Delay 1Quality - Unsatisfactory Goods 2Supply - Delay 1Conduct - Misleading\Deceptive 1Quality - Unsatisfactory Goods 3Supply - Supply Incorrect Goods 1Quality - Unsatisfactory Goods 1Supply - Delay 2Supply - Non\Partial Supply 1Supply - Supply Incorrect Goods 1

Retail - Sport, Fitness and Camping Equipment Rights\Responsibility - Rights\Responsibility Not Listed 1Conduct - Accept Payment Without Intention To Supply 3Conduct - Misleading\Deceptive 1Rights\Responsibility - Refunds 13

Other Services - Medical\Dental Quality - Quality Not Listed 1Rights\Responsibility - Refunds 1Supply - Delay 9

Retail - Vouchers\Coupons Rights\Responsibility - Refunds 1Computer and Computer Peripherals - Computer Accessories Quality - Unsatisfactory Goods 2

Rights\Responsibility - Repairs\Maintenance 6Rights\Responsibility - Rights\Responsibility Not Listed 1

Computer and Computer Peripherals - Other Computer Peripherals Quality - Unsatisfactory Goods 1Information Media and Telecommunications - Other Information ServicesRights\Responsibility - Refunds 1

Quality - Defective Goods 2Quality - Unsatisfactory Goods 5Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 7

Retail - Other Electrical and Electronic Goods Rights\Responsibility - Refunds 1

second hand dealer & auctions company



Retail - Furniture\Furnishings\Manchester

Retail - Goods Not Listed


beauty and medical Other Services - Hairdressing and Beauty

Other Services - Personal Services

electronics company




Total Complaints

(Jul - Aug 2015)Computer and Computer Peripherals - Laptops Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1

Quality - Unsatisfactory Goods 2Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Cancellations\Cooling Off 1Misrepresentation - Quality (Misrepresentation) 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Defective Goods 6Quality - Unsatisfactory Goods 2Rights\Responsibility - Refunds 3Rights\Responsibility - Repairs\Maintenance 3Rights\Responsibility - Warranties 1Supply - Non\Partial Supply 2Supply - Supply Incorrect Goods 1

Retail - Media systems Quality - Unsatisfactory Goods 1Conduct - Misleading\Deceptive 4Conduct - Underquoting 7Rights\Responsibility - Refunds 1Pricing\Charges\Rent\Fees - High\Unknown fees and charges 1Rights\Responsibility - Refunds 2

Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 3Conduct - Unsatisfactory Conduct 1Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 3Rights\Responsibility - Termination 1Quality - Unsatisfactory\Non Performance of Service 2Supply - Non\Partial Supply 1Misrepresentation - Uses\Benefits\Facilities\Features 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Itemised Bills and Proof of Transaction 1Supply - Delay 1

Information Media and Telecommunications - Premium SMS Billing Pricing\Charges\Rent\Fees - High\Unknown fees and charges 2Pricing\Charges\Rent\Fees - High\Unknown fees and charges 2Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 3Quality - Defective Goods 1Quality - Unsatisfactory\Non Performance of Service 1Supply - Non\Partial Supply 1


Construction - Kitchens





media and telecoms company Information Media and Telecommunications - Cable and Other Subscription Broadcasting\Telecasting

Information Media and Telecommunications - Internet Service Providers and Web Search Portals

Information Media and Telecommunications - Mobile phone Service Providers

Information Media and Telecommunications - Telecommunications Services


Total Complaints

(Jul - Aug 2015)Quality - Defective Goods 3Quality - Unsatisfactory\Non Performance of Service 1

Retail - Other Electrical and Electronic Goods Rights\Responsibility - Refunds 1Computer and Computer Peripherals - Computer Accessories Rights\Responsibility - Repairs\Maintenance 1Computer and Computer Peripherals - Gaming Consoles\Games Supply - Supply Not Listed 1Computer and Computer Peripherals - Laptops Quality - Defective Goods 1Computer and Computer Peripherals - Other Computer Peripherals Quality - Defective Goods 1

Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Defective Goods 7Rights\Responsibility - Refunds 2Supply - Delay 1Supply - Supply Not Listed 1

Retail - Goods Not Listed Rights\Responsibility - Repairs\Maintenance 1Misrepresentation - Availability of Goods\Parts\Repairs 1Quality - Defective Goods 3Quality - Unsatisfactory Goods 1

Retail - Other Electrical and Electronic Goods Rights\Responsibility - Refunds 1Quality - Unsatisfactory\Non Performance of Service 2Rights\Responsibility - Cancellations\Cooling Off 3Rights\Responsibility - Refunds 16

Education and Training - Education\Training Not Listed Rights\Responsibility - Cancellations\Cooling Off 1Computer and Computer Peripherals - Laptops Rights\Responsibility - Refunds 1Computer and Computer Peripherals - Other Computer Peripherals Rights\Responsibility - Repairs\Maintenance 1

Quality - Defective Goods 3Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 6Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 2Rights\Responsibility - Refunds 3Rights\Responsibility - Repairs\Maintenance 1Rights\Responsibility - Rights\Responsibility Not Listed 1

Automotive (New) - Parts (New) Rights\Responsibility - Refunds 2Misrepresentation - Quality (Misrepresentation) 1Rights\Responsibility - Refunds 1Conduct - Conduct Not Listed 1Rights\Responsibility - Rights\Responsibility Not Listed 1FT Administration - Information 1


electronics company



education provider Education and Training - Adult, Community and Other Education




second hand dealer & auctions company

Automotive (Used) - Parts (Used)

Other Services - Services Not Listed



Total Complaints

(Jul - Aug 2015)Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1

Retail - Furniture\Furnishings\Manchester Dispute Resolution - Terms of Contract Dispute 1Conduct - Unsatisfactory Conduct 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 3Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 2Rights\Responsibility - Cancellations\Cooling Off 1Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 2Rights\Responsibility - Rights\Responsibility Not Listed 1

Retail - Second Hand Goods Rights\Responsibility - Refunds 1Other Services - Machinery and Equipment Repair and MaintenanceRights\Responsibility - Warranties 1

Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Defective Goods 2Quality - Quality Not Listed 2Quality - Unsatisfactory Goods 1Rights\Responsibility - Repairs\Maintenance 9Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 2Supply - Non\Partial Supply 1Conduct - Loss\Damage to Customers Property 2Pricing\Charges\Rent\Fees - High\Unknown fees and charges 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 2Quality - Defective Goods 1Quality - Unsatisfactory\Non Performance of Service 6Rights\Responsibility - Cancellations\Cooling Off 2Rights\Responsibility - Refunds 7Conduct - Unconscionable 2Documentation\Agreement - Agreement/Contract 1FT Administration - Information 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Quality - Quality Not Listed 1Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Cancellations\Cooling Off 9Rights\Responsibility - Refunds 3Supply - Supply Not Listed 1Conduct - Misleading\Deceptive 2

Retail - Goods Not Listed



media and telecoms company Information Media and Telecommunications - Cable and Other Subscription Broadcasting\Telecasting

media and telecoms company Professional Scientific and Technical Services - Advertising



Total Complaints

(Jul - Aug 2015)Conduct - Unsatisfactory Conduct 2

Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 4Tenancy\Bonds\Parks - Tenancy - Commercial Rights\Responsibility - Repairs\Maintenance 1

Conduct - Unsatisfactory Conduct 2Pricing\Charges\Rent\Fees - High\Unknown fees and charges 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Pricing\Charges\Rent\Fees - Reservation fees\Security Deposits 1Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 1Rights\Responsibility - Termination 1Conduct - Unsatisfactory Conduct 1FT Administration - Information 1Pricing\Charges\Rent\Fees - High\Unknown fees and charges 12Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 2Rights\Responsibility - Rights\Responsibility Not Listed 2

Retail - Clothing\Footwear\Accessories\Jewellery Quality - Unsatisfactory Goods 1Quality - Unsatisfactory Goods 3Rights\Responsibility - Warranties 1

Retail - Goods Not Listed Quality - Unsatisfactory Goods 2Retail - Hardware and Building Supplies Supply - Delay 1

Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Unsatisfactory Goods 3Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Unsatisfactory Goods 3Quality - Defective Goods 1Quality - Unsatisfactory Goods 1Quality - Unsatisfactory\Non Performance of Service 1Supply - Non\Partial Supply 1

Computer and Computer Peripherals - Laptops Quality - Defective Goods 1Information Media and Telecommunications - Internet Downloads Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Retail - Clothing\Footwear\Accessories\Jewellery Quality - Defective Goods 1

Quality - Defective Goods 2Quality - Unsatisfactory Goods 1Quality - Unsatisfactory\Non Performance of Service 3


transport company Other Services - Parking





electronics company Computer and Computer Peripherals - Gaming Consoles\Games



Total Complaints

(Jul - Aug 2015)Rights\Responsibility - Warranties 1

Retail - Mobile\Smart phones Quality - Unsatisfactory Goods 1Rights\Responsibility - Repairs\Maintenance 2Supply - Supply Not Listed 1FT Administration - Information 1Quality - Unsatisfactory Goods 6Supply - Non\Partial Supply 3Supply - Supply Incorrect Goods 3Supply - Supply Not Listed 1Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 2Supply - Non\Partial Supply 1Rights\Responsibility - Cancellations\Cooling Off 14Rights\Responsibility - Refunds 2

Retail - Sport, Fitness and Camping Equipment FT Administration - Information 1travel and tourism company Other Services - Travel\Tourism Rights\Responsibility - Refunds 17

Accommodation and Food - Cafes\Restaurants\Takeaway Rights\Responsibility - Refunds 2Quality - Unsatisfactory\Non Performance of Service 1Supply - Non\Partial Supply 3

Retail - Clothing\Footwear\Accessories\Jewellery Supply - Non\Partial Supply 1Retail - Entertainment (Incl bookings) Rights\Responsibility - Refunds 1Retail - Goods Not Listed Quality - Unsatisfactory Goods 1

Conduct - Misleading\Deceptive 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 2Rights\Responsibility - Rights\Responsibility Not Listed 1Supply - Non\Partial Supply 2Conduct - Misleading\Deceptive 1Conduct - Unsatisfactory Conduct 1

Property - Property Management (Landlords) Rights\Responsibility - Failure To Supply Information\Documents 1Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 2

Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Rights\Responsibility - Lockout 1Rights\Responsibility - Repairs\Maintenance 7Rights\Responsibility - Repossession\Debt collection 1


household goods retailer Retail - Electrical, Electronic, Whitegoods and Gas Appliance

Retail - Hardware and Building Supplies

sports and fitness company Other Services - Health Club\Gyms

travel and tourism company

Accommodation and Food - Motels\Hotels\Resorts

Retail - Vouchers\Coupons




Total Complaints

(Jul - Aug 2015)Rights\Responsibility - Termination 1Quality - Defective Goods 3Quality - Unsatisfactory Goods 10Rights\Responsibility - Refunds 1Supply - Delay 1Supply - Non\Partial Supply 1Supply - Supply Incorrect Goods 1

Information Media and Telecommunications - Computer Software\System Design and Related ServicesRights\Responsibility - Cancellations\Cooling Off 1Professional Scientific and Technical Services - Advertising Misrepresentation - Uses\Benefits\Facilities\Features 1

Conduct - Accept Payment Without Intention To Supply 1Conduct - Misleading\Deceptive 1Quality - Defective Goods 3Rights\Responsibility - Refunds 2Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 5Conduct - Accept Payment Without Intention To Supply 1Conduct - Misleading\Deceptive 2Misrepresentation - Misrepresentation Not Listed 2Quality - Defective Goods 2Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 3Rights\Responsibility - Repairs\Maintenance 3Rights\Responsibility - Rights\Responsibility Not Listed 1

Other Services - Services Not Listed FT Administration - Information 1Conduct - Misleading\Deceptive 1Conduct - Unconscionable 2FT Administration - Information 1Misrepresentation - Warranties\Rights\Remedies 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 3Quality - Defective Goods 2Rights\Responsibility - Warranties 1Conduct - Misleading\Deceptive 1Quality - Defective Goods 1Rights\Responsibility - Repairs\Maintenance 1Rights\Responsibility - Warranties 1Quality - Defective Goods 2

household goods retailer Retail - Furniture\Furnishings\Manchester

media and telecoms company


car dealer Automotive (Used) - Motor Car (Used)

car dealer Automotive (New) - Motor Car (New)

Automotive (Used) - Motor Car (Used)

car dealer Retail - Baby products


Total Complaints

(Jul - Aug 2015)Quality - Unsatisfactory Goods 3Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Refunds 5Supply - Delay 3Supply - Supply Incorrect Goods 1

Other Services - Services Not Listed Quality - Unsatisfactory\Non Performance of Service 1Quality - Unsatisfactory\Non Performance of Service 13Rights\Responsibility - Refunds 1Conduct - Accept Payment Without Intention To Supply 8Supply - Delay 1Conduct - Accept Payment Without Intention To Supply 3Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Repairs\Maintenance 1Supply - Non\Partial Supply 1Conduct - Unsatisfactory Conduct 1Misrepresentation - Misrepresentation Not Listed 1Pricing\Charges\Rent\Fees - Overcharging\Charges Above Quote 1Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Quality - Unsatisfactory\Non Performance of Service 2Rights\Responsibility - Cancellations\Cooling Off 2Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 5Quality - Defective Goods 9Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Repairs\Maintenance 1Rights\Responsibility - Warranties 2Supply - Delay 1Quality - Defective Goods 2Quality - Unsatisfactory Goods 1Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Rights\Responsibility Not Listed 1Rights\Responsibility - Warranties 6

Retail - Goods Not Listed Quality - Defective Goods 1Retail - Mobile\Smart phones Rights\Responsibility - Repairs\Maintenance 1Accommodation and Food - Motels\Hotels\Resorts Pricing\Charges\Rent\Fees - Pricing\Charges\Rent\Fees Not Listed 1Other Services - Services Not Listed Rights\Responsibility - Refunds 1

Conduct - Misleading\Deceptive 1


Other Services - Travel\Tourism

household goods retailer Other Services - Machinery and Equipment Repair and Maintenance


travel and tourism company Other Services - Travel\Tourism


electronics company Retail - Electrical, Electronic, Whitegoods and Gas Appliance


Other Services - Travel\Tourism


Total Complaints

(Jul - Aug 2015)Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 5Supply - Non\Partial Supply 1Conduct - Conduct Not Listed 1Misrepresentation - Misrepresentation Not Listed 1Rights\Responsibility - Rights\Responsibility Not Listed 1Supply - Non\Partial Supply 1Pricing\Charges\Rent\Fees - Dual Pricing 1Quality - Defective Goods 5Quality - Unsatisfactory Goods 1Rights\Responsibility - Failure To Supply Information\Documents 1Rights\Responsibility - Refunds 3Rights\Responsibility - Warranties 2Conduct - Conduct Not Listed 1Conduct - Misleading\Deceptive 1Quality - Unsatisfactory Goods 1Rights\Responsibility - Warranties 1Rights\Responsibility - Cancellations\Cooling Off 1Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Warranties 2Supply - Non\Partial Supply 1

Automotive Services - Motor Car Repairs and Maintenance Quality - Unsatisfactory\Non Performance of Service 2Conduct - Accept Payment Without Intention To Supply 5Conduct - Unsatisfactory Conduct 1Quality - Unsatisfactory\Non Performance of Service 1Rights\Responsibility - Cancellations\Cooling Off 1Rights\Responsibility - Refunds 3Supply - Delay 1Conduct - Accept Payment Without Intention To Supply 5Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 4Rights\Responsibility - Repairs\Maintenance 1Supply - Supply Incorrect Goods 1

Community\Strata - Strata FT Administration - Information 1Conduct - Underquoting 1Conduct - Unsatisfactory Conduct 2

Tenancy\Bonds\Parks - Bonds - Residential Rights\Responsibility - Refunds 1

real estate agency


Transport Postal and Warehousing - Road\Rail\Air\Water Transport


car dealer Automotive (New) - Motor Car (New)

Automotive (Used) - Motor Car (Used)

travel and tourism company Other Services - Travel\Tourism

household goods retailer Retail - Furniture\Furnishings\Manchester


Total Complaints

(Jul - Aug 2015)Pricing\Charges\Rent\Fees - High\Unknown fees and charges 1Rights\Responsibility - Repairs\Maintenance 4Rights\Responsibility - Rights\Responsibility Not Listed 1Quality - Defective Goods 2Quality - Unsatisfactory Goods 1Rights\Responsibility - Refunds 1Rights\Responsibility - Repairs\Maintenance 2Rights\Responsibility - Rights\Responsibility Not Listed 1Supply - Delay 1Supply - Non\Partial Supply 2

Computer and Computer Peripherals - PCs Supply - Non\Partial Supply 1

electronics company Computer and Computer Peripherals - Laptops


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