Indigenous consumers across NSW should use the new Australian Consumer Law (ACL) to get a fair go in consumer transactions and NSW Fair Trading is encouraging them to call 13 32 20 for advice.

Fair Trading Deputy Commissioner Steve Griffin said Indigenous people, no matter where they lived or bought goods and services, should know their rights and protections under the new law.

“Aboriginal people are far too often subject to the advances of unscrupulous, ‘one hit and they’re gone’ type traders in remote communities,” he said.

“People should know they have rights, they don’t have to accept substandard goods and services and they have Fair Trading in their corner when it comes to taking on traders who haven’t done the fair thing.”

Mr Griffin said NSW Fair Trading was focused on improving consumer literacy in Indigenous communities, as well as educating traders about obligations under the new national law.

“The law creates a clearer, simpler set of statutory consumer guarantees so people can better understand their rights,” he said.

“Door knockers and telemarketers have, in the past, deliberately targeted Indigenous communities with high-pressure, misleading or confusing sales tactics.

“The important thing for people to know is that they have a 10 business day cooling off period, during which time a trader should not be asking to take money from you.

“You are free to change your mind in that time.” Mr Griffin stressed that no one should ever feel bullied or harassed into buying goods or services they don’t want.

“If you feel you have been harassed or stood-over by a door-to-door salesperson, call Fair Trading on 13 32 20,” he said.

The new Australian Consumer Law states that if a salesperson approaches you, other than by telephone, they must:

• clearly explain upfront the purpose of the visit and provide identification (a name and address),
• explain that they are obliged to leave immediately if you ask them to do so. (If you ask them to leave they must not contact you again for at least 30 days, unless they return representing a different supplier),
• inform you about your cooling off rights.

Mr Griffin said traders must not act unconscionably when selling or supplying goods and services to a consumer or when supplying or acquiring goods and services to or from a small business.

“Unconscionable conduct by a trader can include not allowing people sufficient time to read an agreement, ask questions or get advice and using high pressure tactics, such as refusing to take no for an answer.”

Mr Griffin encouraged consumers to take the time to compare prices and offers.

“If you are not sure of the value of an offer, talk to family and friends for advice and don’t feel pressured,” he said.

“If a trader is genuine, they will follow the law on cooling off periods and provision of proper documentation.”

Consumers can view more information at this website or call into any Fair Trading Centre.

NSW Fair Trading has 15 dedicated Aboriginal customer service officers delivering programs on financial literacy and consumer rights.

NSW Fair Trading is leading the national Indigenous consumer strategy and has been implementing an Aboriginal Action Plan in NSW for the past 13 years.

If people experience credit problems in relation to the purchase of goods and services, they should contact the Credit and Debt Hotline on 1800 808 488.

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