Charges filed against Noel Leeming for misrepresenting consumers’ rights

The Commerce Commission has laid nine charges against retailer Noel Leeming Group Limited (Noel Leeming), for alleged misrepresentations about consumers’ rights under the Consumer Guarantees Act (CGA).

The charges are under the Fair Trading Act, as it is a breach of that Act to mislead consumers about their rights under the CGA.

The charges follow the Commission’s investigation into complaints where Noel Leeming customers allege they were misled about:
the right to seek remedies for faulty goods from Noel Leeming and not the manufacturer
the right to a refund for a faulty product
the right to a replacement for a faulty product.

Each charge relates to a different complainant and the alleged conduct occurred between September 2015 and January 2017 at eight Noel Leeming stores across New Zealand. The complainants purchased or considered purchasing consumer goods such as mobile phones, laptops and household appliances.

Noel Leeming supplies consumer electronics from 77 stores nationwide and via online sales. It is a wholly owned subsidiary of The Warehouse Group Limited.

Since 2007 the Commission has issued warnings or compliance advice letters to Noel Leeming on three occasions.

As this case is before the Court, the Commission cannot comment further at this time. This matter will be called in the Auckland District Court for the first time on 29 May 2018.

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