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Fuji Xerox unfair complaint goes to court

March 3, 2021

Fuji Xerox attempts to set aside the allegations made by Australia’s ACCC in its lawsuit, have been dismissed by the Federal Court and the case will be heard next month.

In October 2020 the Australian Competition and Consumer Commission (ACCC) went to court alleging that against Fuji Xerox small business contracts contained 173 unfair contract terms. The action followed a series of complaints by from small businesses, including a complaint from the Australian Small Business and Family Enterprise Ombudsman.

You can read The Recyclers’ original news story here.

The ACCC alleged that Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), in total nine types of Fuji’s standard form small business contracts contain 173 unfair contract terms. 31 different terms were deemed unfair, including automatic renewal terms, excessive exit fees and unilateral prices increases. The terms have been used in contracts between Fuji and its small business customers for the supply of printing goods and services and technical assistance since at least October 2018.

Commenting at the time, ACCC Deputy Chair Mick Keogh said: “We have received a number of complaints from small businesses alleging that some of the terms in Fuji’s contracts have caused them significant financial harm,”

According to ZDNet, Fuji Xerox’s has been attempting to set aside the case, “on the basis the ACCC does not identify a particular contract that is unfair and the watchdog’s allegations are all focused on contract templates used by the company.”

The judge dismissed the motion, which means the case will continued to be heard in court, with the next hearing scheduled for April 2021.

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