The Full Federal Court has dismissed an ACCC (Australian Competition & Consumer Commission) appeal against a Federal Court judgment that Mazda did not engage in unconscionable conduct in its dealings with nine consumers.
The Full Federal Court also dismissed Mazda’s appeal against a Federal Court judgment that Mazda made 49 false representations to consumers about their consumer rights.
This case was about Mazda’s dealings with nine consumers who had requested a refund or replacement vehicle from Mazda after experiencing recurring and serious faults with their new Mazda vehicles within a year or two of purchase. One vehicle had three engine replacements.
The ACCC alleged that Mazda pressured the consumers after repeated failed repairs to accept offers that were below what they were entitled to. For example, Mazda offered to refund only a fraction of the car’s purchase price, or offered a replacement car only at a significant cost to the consumer.