Consumer guarantees

If there is a consumer problem, a consumer should first contact the seller and/or the manufacturer. The consumer should explain the problem, orally or in writing, and it should explain the remedy they want. Writing a complaint in a letter, email or text provides a record of the contact. The letter should also outline the steps the consumer will take if the seller or manufacturer cannot resolve the problem. The letter should ask for a response within a reasonable time (e.g. within 10 business days).

Consumers can contact the ACCC online (www. accc.gov.au) to report breaches of consumer laws. Consumers can also contact ASIC online (www.asic. gov.au) to report breaches of warranties in relation to the supply of financial services. Consumers with legal problems can contact Consumer Affairs Victoria (see ‘Contacts’, below).

Consumers with legal problems may be able to access the complaints process under the industry Codes of Conduct (e.g. banking, insurance) and ombudsman schemes (e.g. the Telecommunications Industry Ombudsman, the Energy and Water Ombudsman). The Australian Financial Complaints Authority (see ‘Contacts’, below) provides a free complaints service in the areas of banking, insurance and financial planning.

Consumers with legal problems can obtain free legal advice from community legal centres, such as the Consumer Action Law Centre and Fitzroy Legal Service (see ‘Contacts’, below).

A consumer may consider taking private legal action for breaches of consumer guarantees but remember that success is not assured. For small claims in Victoria, go to VCAT. Small business and consumer disputes can be mediated by the Dispute Settlement Centre of Victoria (see ‘Contacts’, below). Also see Chapter 7.4: Taking action as a consumer.