False or misleading representations

It is against the law to make false or misleading representations about products or services by businesses, offering to supply or in promoting the products or services.

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Fake reviews and testimonials

It is against the law to make false or misleading testimonials and reviews. Fake or misleading testimonials and reviews can persuade customers to buy something they might not have.

Testimonials:

are statements from previous customers about their experience with a product or service
provide confidence to consumers that the person was satisfied with the product or service.

An example of a fake review and testimonial

A supplier published a newspaper advertisement about a 'nasal delivery system' to treat impotence or erectile dysfunction. The advertisement quoted an interview with a celebrity that falsely claimed he had suffered from impotence and the nasal delivery system had assisted in dealing with this condition.

False or misleading representations about the sale or grant of an interest in land

A business must not make false or misleading representations in the sale or grant of an interest in land. This means businesses must not:

promote a sponsorship, approval or affiliation they do not have
make false or misleading representations about the nature of the interest in the land
price, location, characteristics or use that can be made of the land
availability of facilities.

An example of false or misleading representations about the sale or grant of an interest in land

A real estate agent could be making a false or misleading representation about a property if they advertised ‘beachfront lots’ that do not front the beach.

For more information on the sale or grant of land, refer to the Department of Planning, Housing and Infrastructure or NSW Land Registry Services.

False representations about employment and business activities

It is illegal for a business to make false or misleading representations about the:

availability, nature or terms and conditions of employment
profitability, risk or other material aspect of any business activity that requires work or investment by a person.

An example of false representations about employment and business activities

A second-hand truck dealer falsely told buyers they could get employment from certain places if they bought the dealer’s trucks. The truck dealer was found guilty of misleading the buyers and fined.

Misleading conduct as to the nature of goods and services

A business must not engage in conduct likely to mislead the public about the:

nature
manufacturing process
characteristics
suitability for purpose, or
quantity of any goods or services.

An example of misleading conduct as to the nature of goods and services

An allergy treatment provider claimed it could identify and cure or end a person’s allergies or allergic reactions. But the company could not do this. A Court found that the company had engaged in false, misleading or deceptive conduct.

Making a complaint

When making a complaint, you should include:

details of the issues you are experiencing
copies of any correspondence that shows how you have tried to resolve the matter.

How NSW Fair Trading will handle your complaint

Your complaint will be reviewed to determine the most appropriate resolution. This may include:

providing you with information to help resolve your complaint
recording the complaint issues to assist in future compliance programs, or
contacting the other party to try and resolve the dispute.

You can lodge a complaint:

Online

If you cannot resolve your matter, submit your complaint by using our form.

Make a complaint

By mail

Post your complaint form and documentation to:

NSW Fair Trading

PO Box 972

Parramatta NSW 2124

Ask a question

If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry.

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