National Australia Bank, the Australian financial services licensee for UBank, has paid $40,800 in penalties after ob体育 issued four infringement notices for potentially misleading advertisements.
The penalties relate to potentially misleading advertising of a UBank home loan product. Each infringement notice imposed a penalty of $10,200.
The misleading representations were made in an advertising campaign that promoted an offer of a $2,014 EFTPOS gift card for consumers who obtained a home loan with UBank. The advertisements with headline statements, including 鈥楾he BEST $2014 EVER鈥� and 鈥極wn $2014鈥� appeared in newspapers, radio and online from late December 2013 to early March 2014 and in digital screens on escalators from late January 2014 to February 2014.
ob体育 was concerned that some details of UBank鈥檚 offer were not disclosed in some of the advertisements and, in others, were not disclosed in a clear and prominent manner. These included:
- a minimum loan amount of $350,000
- a requirement to use an electronic settlement process (known as FASTRefi) for refinanced loans
- all documents to be provided within five days, and
- a cap on the number of consumers eligible to receive the offer.
Deputy Chairman Peter Kell said, 'ob体育's crackdown on misleading advertising has seen action taken against 10 entities this year.
'ob体育 will continue to take action where we believe firms have not provided clear, consistent information in their advertising'.
ob体育鈥檚 concerns led to UBank providing a $2,014 gift card to all consumers who applied for a loan during the relevant period and subsequently settled their loan.
The payment of an infringement notice is not an admission of a contravention of the Australian Securities and Investment Commission Act 2001 consumer protection provisions. ob体育 can issue an infringement notice where it has reasonable grounds to believe a person has contravened certain consumer protection laws.
Download the infringement notices
Background
In 2014, ob体育 has taken action against 10 entities, including NAB, for potentially misleading advertising:
- Make it Mine Finance Pty Ltd pays $20,400 penalty for misleading advertising (refer: 14-198MR)
- [This MR was redacted on 6/12/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
- Your Super Accountant pays infringement notice in relation to 鈥楩REE鈥� SMSF set up claims (refer: 14-195MR)
- [This MR was redacted on 26/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
- [This MR was redacted on 29/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
- [This MR was redacted on 29/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
- SuperHelp Australia Pty Ltd pays infringement notice in relation to FREE SMSF fund setup claims (refer: 14-051MR)
- Finance broker pays $20,400 infringement notice penalty (refer: 14-022MR)
- Media Super pays infringement notice in relation to superannuation advertising (refer: 14-001MR). 聽聽