About Consumer Laws

The Fair Trading Act 1987 (WA) is similar to the Commonwealth Trade Practices Act. It guards against misleading or unfair conduct and requires disclosure of standards. It affects traders, even if you did not intend to mislead.

It is illegal to:

  • make untrue claims about standards or quality
  • claim products have benefits they don't have
  • have endorsements you don't have
  • offer prizes or gifts but not provide them as offered
  • accept payment for something that will be different from what you will provide
  • mislead people about place of origin of goods
  • limit the choice of consumers who are weaker or disadvantaged in the relationship
  • attempt to benefit when the consumer doesn't understand the transaction
  • use sales techniques that disadvantage consumers
  • use very one-sided contracts
  • use pyramid selling
  • provide products or services that people have not ordered
  • demand payment from unsolicited advertising.

There are conditions and warranties in consumer contracts, and standards for safety, information, quality, and packaging. Industry can also develop codes of practice to minimise government intervention.