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.