Consumer Action Law Centre

2008

Congratulations, You’re Pre-Approved! An analysis of credit limit upselling letters
(Warning: 17MB – large file)
Consumer Action commissioned Dr Paul Harrison, Deakin Business School, Deakin University and Marta Massi, School of Marketing and Communication, Lumsa University (Rome), to study the psychological aspects of one form of credit marketing - unsolicited credit card limit-increase offers (UCCLIOs). The researchers studied 21 UCCLIO letters – 17 provided by consumers and four provided by banks – and applied theories developed from previous research in the fields of marketing, consumer behavior, behavioural economics and cognitive psychology, to describe likely ways in which UCCLIO's influenced consumer behavior and decision making. The researchers make some recommendations from a behavioural perspective based on their findings, and Consumer Action proposes how these findings might be applied to consumer policy.

The consumer protection provisions of the Trade Practices Act 1974: Keeping Australia up to date
This comprehensive report examines Australia’s consumer protection framework in light of international developments, including those from the USA, Canada, UK and European Union. The report complements the Productivity Commission’s recent Review of Australia’s Consumer Policy Framework. While the report makes many of the same recommendations as the Productivity Commission, it seeks to ensure Australia’s consumer protection framework is world’s best by making additional recommendations for reform, such as the introduction of market studies, super complaints and a general unfair trading prohibition.

2007

Coercion and harassment at the door: Consumer experiences with energy direct marketers
Since the introduction of full retail contestability in the Victorian energy market, Consumer Action and others have received numerous complaints from consumers about the marketing practices of energy retailers. This report provides the stories of 28 consumers who have had difficulty with energy marketers – many have been misled, taken advantage of or even harassed. The report concludes that a reliance on direct marketing in the energy market prohibits competitive outcomes – by being pressured into sales on the spot, consumers are unable to determine whether the offer being presented is in their best interests.

Defining 'Public Benefit': Social and environmental considerations in Part VII of the Trade Practices Act
Part VII of the Trade Practices Act 1974 acknowledges that there are circumstances in which anti-competitive conduct will be permissible - where the detriment caused by the conduct is outweighed by other benefits to the public. This report argues that there is a need to widen the scope and understanding of 'public benefit', so that it includes not only economic considerations, but social and environmental concerns. The report examines the application of the public benefit test in both theory and practice, and makes recommendations aimed at improving consideration of the public benefit in authorisations.

Water Reform in Victoria: Independent pricing regulation and its outcomes for consumers
This report examines Victoria’s first independent review of water prices, undertaken by the Essential Services Commission in 2004 and 2005. The report concludes that there was a lack of community consultation by water businesses about the structure and impact of water prices, which inhibited the ability of the price review to achieve its objectives. It also considers the regulatory framework for setting the price of water, and makes a number of recommendations that aim to improve that framework

Vendor Terms - Rhetoric & Reality
Over recent years, vendor terms mortgages have emerged as a way of marketing overpriced homes to predominately low-income consumers. Such mortgages can be particularly harmful as they often involve poor quality dwellings, high interest rates and misleading and unconscionable sales tactics. This research report makes a number of recommendations that aim to better regulate vendor terms mortgages, so that vulnerable consumers are not disadvantaged when entering the property market. Click here to accesss Appendix 2 and Appendix 3.

2006

Consumer Protections in the National Energy Market: The need for Comprehensive Energy -Specific Consumer Protections

This paper provides an overview of current consumer protections applying to the provision of energy to small-end residential users and argues that continued energy-specific consumer protections are necessary for the achievement of the NEM objective - the promotion of the long-term interests of consumers, and that consumers bouyed by strong protections play a fundamental role in ensuring that markets operate efficiently and competitively.

Implementation of Hardship Policies by Victorian Water Businesses

A research report that examines the implementation of residential hardship policies by Victorian water businesses.

Electricity Reform in Victoria: Outcomes for Consumers

A joint research report with the Centre for the Study of Privatisation and Public Accountability at Monash University.

2005

Water: Access, Affordability and Sustainability

This Issues Paper considers ways in which to protect consumers’ access to water as a human right, while at the same time ensuring water is returned to the environment.

Do the Poor Pay More?

The Report argues that poor consumers pay more for their banking, credit cards, telephone, internet, gas, electricity, water and other household goods and services.

Debt Agreements: Remedy or Racket?

An examination of the commercialisation of the administration of debt agreements entered into under Part IX of the Bankruptcy Act 1966 (Cth).

2004

Unfair fees: penalty fees charged by Australian banks

The Report reveals that Australian banks are charging consumers hundreds of millions of dollars in fees that could be unlawful.

Access to Energy and Water in Victoria

The Report examines the impact on Victorian households of disconnection from electricity, gas or water services.

Buying a Car – Pitfalls for Consumers

A case study report prepared by the CLCV for the Royal Automobile Club of Victoria.

Mortgage Reduction - Misleading Marketing – A report on industry practices and case studies

The Operation of the Uniform Consumer Credit Code

Appendices to Uniform Consumer Credit Code report: Set 1

Appendices to Uniform Consumer Credit Code report: Set 2

Solicitor lending to consumers: a study of interest only loans and asset-based lending practices in Victoria

2003

A Report to ASIC on the finance and mortgage broker industry, by the Consumer Credit Legal Centre (NSW) Inc.

2002

Payday Lending in Victoria

The report examines the national and international developments in payday lending and the scale, operation and regulation of the payday lending industry in Australia and, in particular, Victoria.

Selling their Customers Out

Consumer problems with debt collection outsourcing in Australia.

1999

Unrepresented Debtors in the Melbourne Magistrates’ Court: A matter for justice
An examination of the experience of unrepresented debtors in the Melbourne Magistrates’ Court. The report found that many debtors are forced to ‘negotiate’ with debt collectors when appearing for a summons of examination, rather than having their issues aired in an impartial matter at the Court.