What Is Misleading and Deceptive Conduct?

It is unlawful for a person or company to engage in misleading and/or deceptive conduct while engaging in trade or commerce.

Misleading and/or deceptive conduct can occur where a person or company has made claims or representations that are likely to create a false impression in another party as to the price, value or quality of goods or services on offer.

Intent is irrelevant and instead the law focuses on the statements and actions and their effect on a consumer’s thoughts and beliefs. If a person or company has suffered loss as a consequence of another party’s misleading and/or deceptive conduct, then they can seek compensation including damages.

Remedies for misleading and/or deceptive conduct are not limited to small ‘consumer’ style claims. It is common, for example, for misleading and/or deceptive conduct claims to be brought in relation to large-scale business sales and other substantial business-to-business matters, or in relation to significant property transactions or the sale of valuable chattels (such as motor vehicles and equipment).

It is a very broad remedy which can be relied upon in many circumstances.

Common Circumstances For Misleading and Deceptive Conduct

Conduct which may be deemed as misleading and deceptive can include:

  • Misleading representations or omissions in the context of a business sale;
  • Misleading representations or omissions in the context of a property sale;
  • Misleading representations or omissions about a person’s professional capacity to deliver services;
  • False advertisements which mislead consumers about products and services
  • Incorrect pricing of products
  • Silence and withholding key information from consumers
  • Offers that bait consumers and misrepresent the actual product or pricing
  • Small print and disclaimers which hides important information and create false impressions

How We Can Help

If you are of the view that you have been misled or deceived, and that you have suffered a loss (or will suffer a loss in the future) we can advise you on the best way to seek remedy. Similarly if you are being accused of engaging in such conduct, we can advise you on the best way to limit your exposure and risk.

Contact Tom Howard Legal