Skip to content

What are Unfair Business Practices

Beware, some unscrupulous businesses can engage in illegal sales practices, also known as unfair business practices, when dealing with customers.

Examples of some of these are:

Referral Selling

Referral selling occurs when a consumer is persuaded to buy goods or services by promises of a rebate, commission or other benefit for supplying information that helps the trader sell to other consumers.  The consumer does not get the promised benefit unless some other event happens after the agreement is made.

Referral selling is an offence under the Australian Consumer Law 2010 (ACL).

Pyramid Schemes

Pyramid schemes are illegal.  They operate by requesting newcomers to make a payment often referred to as ‘the participant payment’ in order to join the scheme. In return, newcomers are promised payments for recruiting other ‘investors’ or new members. In this sense, the pyramid scheme makes a profit not by selling products or services but rather in the recruitment of new members.

Continue reading this article below the form

Accepting payment with no intention to supply

A retailer must not accept payment for goods or services if:

  • there is no intention to supply;
  • there is an intention to supply different goods or services from those originally requested; and
  • it was known or ought to be known that goods or services could not be supplied in a timely and efficient manner.

Conclusion

If you need any help in identifying whether a business has engaged in an unfair business practice, seek advice from a business lawyer, as you may be entitled to compensation. If you would like to know your options, please call us on 1300 544 755 today!

Register for our free webinars

Managing Corporate Immigration Risks: What In-House Counsel Need to Know

Online
Learn how to meet sponsorship rules and prevent immigration issues. Register for our free webinar.
Register Now

Preventing Wage Underpayment In Your Business

Online
Understand employee pay requirements and avoid compliance breaches. Register for our free webinar.
Register Now

Cracking the Due Diligence Code: Insider Tips for Buying Businesses

Online
Minimise risk when purchasing a business. Register for our free webinar.
Register Now

Supercharging Your Brand: How to Protect Your Brand And Drive Growth

Online
Build a stronger brand by protecting and using your trade marks effectively. Register for our free webinar.
Register Now
See more webinars >
Emma Heuston

Emma Heuston

Read all articles by Emma

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards