ACCC takes StoresOnline to court again

ACCC takes StoresOnline to court again

ACCC claims US vendor allegedly made false or misleading representations to customers

The Australia Competition and Consumer Commission (ACCC) has filed new claims against e-commerce applications reseller, StoresOnline, for false or misleading conduct.

The ACCC alleges that from October 2006, the US vendor made false or misleading representations to local customers regarding the pricing of its e-commerce software packages. The claims follow the ACCC's unsuccessful pursuit of an urgent injunction against StoresOnline from selling its e-commerce software in Australia. At that time, it claimed the vendor had contravened undertakings it had provided to ACCC pursuant to section 87B of the Act.

The industry watchdog filed an Amended Statement of Claim and Amended Application in the Federal Court of Australia this week. The fresh allegations are that StoresOnline promoted and offered e-commerce packages at what was claimed to be a discounted price, when it was not.

"The ACCC has alleged the StoresOnline packages have never previously been sold or offered for sale at the Full Price or the 90 Day Offer Price in Australia, and thus the level of saving representation was false," the ACCC said in a statement. "The ACCC claims such conduct contravenes sections 52 and 53(e) of the Trade Practices Act 1974."

The ACCC also alleges StoresOnline made false or misleading testimonial representations in a workshop in Australia on March 26, alleging that Richard Zikmundovsky from the Gold Coast conducted his business in a certain way which was not correct.

Justice Tamberlin has planned a timetable for the future conduct of the litigation.

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