ob体育

media release (17-248MR)

Financial Choice pays $21,600 in penalties for false and misleading representations

Published

Financial Choice Pty Ltd (Financial Choice), an Australian financial services provider, has paid two ob体育 infringement notice penalties totalling $21,600, after making misleading representations in marketing emails sent to consumers and on its website.

The first infringement notice related to a representation made by Financial Choice in bulk emails the company sent to around 215,000 consumers in 2016. The emails falsely stated that Financial Choice had been asked by the consumer鈥檚 superannuation fund to conduct a survey about their superannuation. 聽

The second infringement notice related to misleading representations on the website findmysuper.com.au, which is operated by Financial Choice. 聽ob体育 considered that those representations would lead consumers to believe that they needed to use Financial Choice鈥檚 services to:

  • find their lost superannuation for free; and
  • maintain contact with their superannuation fund while overseas. 聽

The representations were false and misleading given the other ways consumers can search for lost superannuation (including the free service offered by the Australian Taxation Office), and maintain contact with their superannuation fund.

As a result of ob体育鈥檚 concerns, Financial Choice has:

  • agreed to stop sending communications that state or imply that Financial Choice is seeking consumers鈥� opinions because superannuation funds have asked it to do so; and
  • removed the misleading statements from the Find My Super website.

ob体育 Deputy Chair Peter Kell said, 'Consumers can be heavily influenced by promotional materials published by financial services providers. For this reason, ob体育 will continue to take action where we believe those materials are misleading. 聽Firms must ensure their marketing materials and promotional statements are based on fact.'

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Background

Under the ob体育 Act, a person involved in the supply or promotion of financial services must not make false or misleading representations:

  • that services have sponsorship, approval, performance characteristics, uses or benefits (s聽12DB(1)(e));
  • that the person making the representation has a sponsorship, approval or affiliation (s聽12DB(1)(f)); or
  • concerning the need for any services (s聽12DB(1)(h)).

The payment of an infringement notice is not an admission of a contravention of the ob体育 Act 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.

ob体育 has taken action for false and misleading online-representations against other entities. Recent examples include:

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