For consumers / Misleading conduct
Misleading conduct
If a business told you something that was not true, or left out something that mattered, and you relied on it, you may be able to undo the deal or recover your loss. Businesses can claim too.
On this page: The rule What you can claim Examples What my $990 covers Questions The law Enquire
In short
- A person must not, in trade or commerce, engage in conduct that is misleading or deceptive, or likely to mislead or deceive.
- It protects consumers and businesses alike.
- You can claim damages for the loss you suffered because of the misleading conduct, and other orders, including that a contract is void or varied, that money is refunded, or that property is returned.
- The claim generally must be started within six years.
- Cost and next step: $990 for a review and a letter, including GST. Start online or call 1800 776 529.
The rule
A person must not, in trade or commerce, engage in conduct that is misleading or deceptive, or likely to mislead or deceive.1 It covers what was said, what was written, what was shown and, in some situations, what was left unsaid. It protects consumers and businesses alike.
Separate rules ban specific false or misleading representations, for example about price, quality, a product’s history or your rights. Breaking those carries penalties that regulators can pursue.2
What you can claim
Examples
- A car advertised as “one owner, full service history” that had neither.
- A product sold as suitable for a job it could never do.
- A business sold with inflated turnover figures.
- Advertising that hides fees or conditions until after you have committed.
What my $990 covers
I read the advertisement, contract and messages, tell you whether the statement is likely to be misleading and what loss can be shown, and send a letter setting out the claim and what you want done.
Questions
Have another question? Phone 1800 776 529 or send me a message.
Fine print does not always fix a misleading headline. What matters is the overall impression on the people the message was aimed at.
Yes. The rule is not limited to consumers.
The law
- ACL s 18.
- ACL s 29; penalties: s 224.
- ACL s 236(1).
- ACL ss 237, 243.
- ACL ss 236(2), 237(3).
Last reviewed: November 2026. This page is general information about Victorian and Commonwealth law as at November 2026. It is not legal advice about your circumstances.
Tell me what happened
I reply within one business day.
To send documents, use the Start online form.
Phone: 1800 776 529
Email: info@consumerlawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
I act for consumers and for businesses, but never for both sides of the same dispute. Before I start, I check that I have not acted for the other party.