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In this Episode Four of Keeping Up with the Consumer Law, the Joel’s crack the complexity dial up a couple of notches with the case of ACCC v Trivago.
In 2018, the ACCC commenced proceedings against Trivago using several provisions of the Australian Consumer Law, broadly alleging that aspects of Trivago’s website and marketing were liable to mislead consumers. In 2020, a single judge of the Federal Court of Australia found that Trivago had made misleading or false representations across its marketing and website. Trivago didn’t take this finding lighting, appealing to the Full Court of the Federal Court in the same year. The Full Court (three judges) agreed with first judgment. Ultimately, the Federal Court ordered Trivago to pay a $44.7 million penalty.
In this episode you’ll get to hear a little more about how website design and marketing can ultimately lead consumers to be misled. This case emphasises the importance for businesses to thoroughly consider how they market to consumers and the impressions that can be created from marketing and product design.
Example Screenshots from ACCC v Trivago [2020] FCA 16:
For more information on ACCC v Trivago, including links to the judgments of the courts, check the links below. You can also check out the official KUWTCL Case Note and read what the ACCC had to say about the case.
This is the fourth episode of Keeping Up with the Consumer Law. In our next episode, we talk about pain, or at least how you market pain relief.
Keeping Up with the Consumer Law is financially supported by the Law Foundation of South Australia.
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Want to learn more about anything we’ve discussed?
Australian Competition and Consumer Commission v Trivago N.V. [2020] FCA 16: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/16.html
Trivago N.V. v Australian Competition and Consumer Commission [2020] FCAFC 185: https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2020/185.html
Australian Competition and Consumer Commission v Trivago N.V. (No 2) [2022] FCA 417: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2022/417.html
ACCC: Trivago to pay $44.7 million in penalties for misleading consumers over hotel room rates (22 April 2022) https://www.accc.gov.au/media-release/trivago-to-pay-447-million-in-penalties-for-misleading-consumers-over-hotel-room-rates
Get in touch with Grieger and Lisk at www.consumerlaw.media/contact, where you can also find out more about our up-and-coming multi-level marketing program.
Looking for the case note?
Keeping Up with the Consumer Law is intended to be for educational purposes only and should not be considered legal advice. Does this episode raise any questions for you about how you can use the ACL or what your obligations are under the ACL? We recommend seeing a lawyer, head over to www.consumerlaw.media/legal-advice for more information
Keeping Up with the Consumer Law is recorded and produced on Kaurna Country.
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