Commerce Commission v Budget Warehouse Limited [2017] NZDC 14223

Published 13 November 2017

Sentencing — Fair Trading Act 1986 — Credit Contracts and Consumer Finance Act 2003 — FTA — CCCFA. The charges related to the defendants truck shop business, where high price consumer goods were sold on credit. The defendant entered into 817 consumer credit contracts over a period of 11 months. Each consumer was provided with a standard form contract with terms and conditions on the reverse side. The contracts in question misrepresented the defendants liability for and the consumers right to cancel due to delivery delay as well as the defendants liability for consequential loss and damage. Aggravating features include the fact that the misrepresentations had the effect of minimising or avoiding all together specific consumer protections, the extent of the offending was significant, there was a high degree of negligence, and there was a significant number of vulnerable victims. The defendant was fined $100,000. Judgment Date: 30 June 2017