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One point the case illustrated was that a disclaimer in a catalogue may not be a defence. Allans had fine print saying the savings were off recommended retail prices (RRPs) but that was only suppliers' recommendations. Allans chose not to rely on it as a defence or as mitigation on legal advice.
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was prosecuted by the ACCC over a catalogue that it issued in 2000, showing musical instruments at prices heavily discounted from stated normal prices. They pleaded guilty to 9 of the 18 counts and were fined $ 80,000. The court was satisfied the "was" prices shown were not prices that had been
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Regulatory treatment of the practice varies around the world. A clear deception, it is likely to come under false advertising or fair trading laws. The practice normally takes place only in retail marketing. Certain industries tend to be more prone to it than others.
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Justice
Tamberlin described that fine print as "obscure and totally inadequate". In fact, the disclaimer worked against the company, as it indicated to the judge that Allans knew that their claims needed an explanation, and so were not an accident.
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practice of showing customers two prices, a supposed normal price and a lower price, which is claimed to be a special offer or discount, but in fact, the stated normal price is a fiction.
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saving, usually very substantial, as a way to attract customers. The term two-price advertising refers only to those cases where the "normal" price claimed is designed to deceive.
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57:(ACCC) is responsible for enforcing that act and cooperates with the various state-government departments of fair trading or
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prices shown in catalogues. Jewelry and carpet rugs seem to be industries frequently associated with two-price advertising.
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which also investigate such matters. For example, ahead of
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101:Australian Competition & Consumer Commission
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97:Nation-wide monitoring of jewellery advertising
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49:, two-price advertising comes under the
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72:In 2002, the now-defunct retail chain
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113:ACCC v Allans Music Group Pty Ltd
51:Competition and Consumer Act 2010
168:Two-price comparison advertising
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16:Form of deceptive advertising
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117:Federal Court of Australia
142:June 18, 2005, at the
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158:Displaying prices
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140:Archived
31:apparent
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67:jewelry
22:is the
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