On 11 June 2014, the Federal Court ordered by consent Titan Marketing Pty Ltd (Titan) to pay $750,000 in penalties for:
- engaging in unconscionable conduct;
- making false and misleading representations;
- breaching the ACL unsolicited agreement provisions; and
- failing to specify a single price for goods.
Titan sold first aid kits and water filters door to door, entering into over 7,900 unsolicited consumer agreements from 2011. A number of the targeted consumers were located in Indigenous communities.
Titan’s door to door sales tactics included:
- misrepresenting the value of the first aid kits;
- misrepresenting Titan’s affiliation with a charity or community group;
- failing to take reasonable steps to ensure the consumer understood the agreement, the cost of the goods and how they were paid for; and
- intentionally failing to inform consumers of their cooling off rights.
The Court also ordered Titan’s director to pay $50,000 in penalties for being knowingly concerned in respect of Titan’s unconscionable conduct.