Consumer Law

Unconscionable Conduct (Consumer)

Also known as: unconscionable conduct

In plain English

When a business exploits a customer so harshly and unfairly that it goes against good conscience.

What it means

The Australian Consumer Law prohibits unconscionable conduct in trade or commerce. This is behaviour that is so harsh or oppressive it goes well beyond being merely unfair, often exploiting a consumer's vulnerability, lack of understanding, or unequal bargaining position. Courts weigh factors such as the relative strength of the parties, use of pressure tactics, and whether the consumer could understand the documents. The ACCC enforces these rules and breaches attract substantial penalties.

How it's used

Pressuring an elderly customer with poor English into a costly contract they couldn't understand may be unconscionable conduct.

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