ALDI Stores (A Limited Partnership) v EFTPOS Payments Australia Ltd: fees, misleading and deceptive conduct

The Federal Court has today found that EFTPOS has engaged in misleading and deceptive conduct in ALDI Stores (A Limited Partnership) v EFTPOS Payments Australia Ltd [2011] FCA 1114, ruling in favour of the German supermarket chain ALDI.

EFTPOS had falsely reassured consumers that changes to the interchange fees regime would not be passed onto consumers. ALDI took issue with EFTPOS denying that some acquirers are intending to pass part or all of these fee changes onto some retailers.

The Federal Court found that by issuing and publishing the media releases and newspaper columns, EFTPOS engaged in misleading and deceptive conduct in contravention of the Australian Consumer Law. The Court ordered that EFTPOS Pursuant to s 232 of the Australian Consumer Law, publish, as soon as reasonably practicable, a clarification statement concluding that it is “premature to state with certainty what impact the planned changes will have at a retail level”.

The decision raises the importance of transparency and the need to be clear and open to consumers.

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