Published 20 June 2018
Failure to disclose to debtors certain key information — breach of Credit Contracts and Consumer Finance Act — making false or misleading representations — failure to provide disclosure — misrepresentation of debtor rights — mobile trader — sentencing — damages — Credit Contracts and Consumer Finance Act 2003 — Fair Trading Act 1986 — Consumer Guarantees Act 1993. The defendant company was sentenced on 24 representative charges relating to the sale of goods as a mobile trader. The defendant company entered into over 5,000 contracts over a 12 month period using contracts that failed to disclose key information, used incomprehensible language and misrepresented the rights of both the creditor and the debtor. The court noted that each of the charges faced by the defendant were representative in nature and that there was a significant number of victims who were particularly vulnerable given the targeting of vulnerable communities. The court took a starting point of a $440,000 fine in respect of the charges. Credit was given for the defendant's co-operation and guilty plea. The defendant company was fined $330,000 together with court costs associated with each of the charges. Statutory damages of $10,800 was ordered. Judgment Date: 26 April 2018.
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