Australian Competition and Consumer Commission v Equifax Australia Information Services and Solutions Pty Ltd [2018] FCA 1637

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Equifax Australia Information Services and Solutions Pty Ltd [2018] FCA 1637 File number: NSD 399 of 2018

Judge: LEE J

Date of judgment: 27 September 2018

Catchwords: CONSUMER LAW – contraventions of the Australian Consumer Law by a credit reporting body – misleading or deceptive representations and unconscionable conduct – consideration of principles in relation to fixing an appropriate penalty – Court cannot be satisfied that agreed position between the parties is not an appropriate remedy even though absent agreement the Court would have imposed larger penalties for serious unconscionable conduct – agreed orders made with agreed variation in relation to a consumer redress scheme

Legislation: Australia Consumer Law ss 18, 21, 24(1), 29(1)(g), 29(1)(i), 29(1)(l), 34, 224 Privacy Act 1988 (Cth) ss 18, 21, 29(1)(g), 29(1)(i) and 29(1)(l), 52(1)(b) Competition and Consumer Act 2010 (Cth) s 155 Federal Court of Australia Act 1976 (Cth) Parts IVA, VAA, s 37AG(1)(a)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Building Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; (2018) 92 ALJR 219 Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Ltd [2016] FCA 1516; (2016) 118 ACSR 124 Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited [2010] FCA 929 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 1405 Australian Competition and Consumer Commission (ACCC) v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; (2015) 327 ALR 540 Australian Competition & Consumer Commission v Econovite Pty Ltd [2003] FCA 964 Australian Competition and Consumer Commission v Pental Limited [2018] FCA 491 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18; (1999) 161 ALR 79 Australian Competition and Consumer Commission v RL Adams Pty Ltd [2015] FCA 1016 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761; (2011) 282 ALR 246 Australian Competition & Consumer Commission v Target Australia Pty Ltd [2001] FCA 1326 Australian Competition & Consumer Commission v The Construction, Forestry, Mining and Energy Union [2007] FCA 1370 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Securities and Investments Commission v Southcorp Limited (No 2) [2003] FCA 1369; [2003] FCA 1369; (2003) 130 FCR 406 Australian Competition & Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Australian Competition & Consumer Commission v Woolworths (South Australia) Pty Ltd (Trading as Mac's Liquor) [2003] FCA 530 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 Financial Rights Legal Centre Inc and Veda Advantage Information Services and Solutions Ltd [2016] AICmr 88 (9 December 2016)