April 29, 2021
The ACCC has issued a public warning notice about the conduct of Postage Ink Pty Limited in relation to the unsolicited supply of labels and ink cartridges and other consumables for postage meters to business customers.
The ACCC’s action follows complaints from businesses which use postage meters, also known as franking machines, and which had been contacted by Postage Ink in respect of unsolicited sales or payments.
In issuing the public warning notice, the ACCC said it has reasonable grounds to suspect that Postage Ink’s conduct in engaging in the supply of unsolicited goods by sending postage meter ink cartridges to businesses which had not ordered them, and subsequently seeking payment for the ink cartridges and other consumables for their postage meter, may breach the Australian Consumer Law (ACL).
The ACCC also has reasonable grounds to suspect that representatives of Postage Ink contacted various businesses and, in breach of the ACL, falsely represented that Postage Ink had an ongoing supply relationship with them, leading their staff to place orders with Postage Ink.
“We have issued this public warning notice to alert businesses about the alleged conduct by Postage Ink, and to encourage all businesses using postage meters to put measures in place to protect themselves from similar conduct,” ACCC Deputy Chair Delia Rickard said.
“If you receive goods that you did not order, you do not have to pay for them and, if the sender does not collect the goods within three months, you can keep them or dispose of them without having to pay for them.”
“Under the Australian Consumer Law, businesses must not engage in false, misleading or deceptive conduct, or assert a right to payment when they know they have no right to do so,” Ms Rickard said.
“The ACCC recommends that all businesses using postage meters alert their administrative staff to the possibility of unsolicited sales calls, the supply of items that were not ordered and false invoicing for postage meter supplies; and post a copy of the ACCC’s warning notice where those staff can see it.”
The Public Warning Notice has been issued because the ACCC has reasonable grounds to suspect that Postage Ink’s conduct may constitute a contravention of sections 18, 29 and/or 40 of the ACL; is satisfied that one or more business has suffered or is likely to suffer detriment as a result of the conduct; and is satisfied that it is in the public interest to issue the notice.
The public warning notice is available at Postage Ink Pty Ltd.
Postage Ink is a business registered in NSW and Mr Majed Homsi is its sole director.
The ACCC’s advice for businesses on how to protect themselves is:
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