Invocare Pays Penalty For Alleged False Or Misleading Representation
Tuesday 2 December 2014 @ 11.10 a.m. | Trade & Commerce
InvoCare Limited has paid a penalty of $102,000 after being issued an infringement notice by the Australian Competition and Consumer Commission (ACCC) for allegedly making a false or misleading representation.
InvoCare Limited and its subsidiary, InvoCare Australia Pty Limited (together InvoCare) have also provided a court enforceable undertaking to the ACCC. InvoCare is the largest operator of funeral homes, cemeteries and crematoria in Australia, operating 14 cemeteries and crematoria nationally. InvoCare brands include White Lady Funerals and Guardian.
Background
In January 2011, InvoCare changed its standard contract to require consumers to also purchase memorials from InvoCare for use at burial sites.
The ACCC had received complaints that InvoCare made false or misleading representations to some consumers who had pre-purchased burial sites prior to January 2011 that they were contractually required to purchase memorial plaques from InvoCare when this was not the case.
ACCC Deputy Chair Delia Rickard said:
“The ACCC was particularly concerned about these alleged misrepresentations about the obligation to purchase memorial plaques, as Invocare was dealing with consumers in circumstances where they were particularly vulnerable … More generally, it is important that businesses do not represent consumers are required to make an additional purchase when this is not the case under the contractual terms which bind the consumer.”
Consumer Complaints Made To ACCC
The ACCC became aware of potential misconduct through consumer complaints received in late 2013 and early 2014. It raised these concerns with InvoCare, which co-operated with the ACCC, voluntarily undertook internal investigations, offered compensation to affected customers and has revised its compliance policies and procedures.
InvoCare to Comply With Enforceable Undertaking
As part of the court enforceable undertaking, InvoCare has provided to the ACCC, it
acknowledges that the representations it made to consumers likely contravened ss 18
and 29(1)(l) of the Australian Consumer Law (ACL).
In the undertaking, InvoCare has agreed for a period of three years not to require
any customer to purchase a memorial, including customers who are parties to existing
contracts which contain such a requirement. Customers who choose to purchase a bronze
plaque memorial may now purchase it from Invocare or another supplier, subject to
pre-approval and payment of a placement fee.
Ms Rickard also said:
“The ACCC welcomes these revisions made by InvoCare to its consumer contracts. They introduce flexibility and lessen the obligations on customers during a stressful period in their lives.”
InvoCare has also committed to enhance its consumer law compliance program, with particular measures for risk assessment, complaints handling and staff training.
The undertaking is available on the public register and the infringement notice is available on the infringement register.
InvoCare has set up a 1800 complaints number to handle customer complaints and enquiries. The number is 1800 999 275.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Funeral giant fined for misleading conduct
Funeral and cemeteries operator InvoCare pays $102,000 penalty for alleged false or misleading representation – ACCC Release MR 280/14
