Unconscionable conduct

Unconscionable conduct goes against the norms of society. It is conduct that is more than unfair or unreasonable and exploits the special disadvantage of another person.

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Unconscionable conduct is a statement or action so unreasonable it defies good conscience as judged against the norms of society. For conduct to be unconscionable, it must be more than just unfair or unreasonable.

Unconscionable conduct is when a person exploits another person

Certain conduct may be unconscionable where one party knowingly exploits the special disadvantage of another.

Examples of unconscionable conduct

Conduct that may be unconscionable can include:

not properly explaining the conditions of a contract to a person who does not speak English or has a learning disability
taking advantage of a low-income consumer by making false statements about the real cost of a loan
using a friend or relative of the consumer to influence their decision.

Harsh or oppressive conduct

Conduct that is particularly harsh or oppressive may also be considered unconscionable.

Examples of harsh or oppressive conduct

Conduct that may be harsh or oppressive can include:

not allowing the consumer enough time to read an agreement, ask questions or get advice
forcing a person to sign a blank or one-sided contract
failing to disclose key contractual terms
using high pressure tactics, such as refusing to take no for an answer.

Note: These are examples and not a complete list of unconscionable conduct. Sometimes these instances will not be unconscionable and will depend on the circumstances.

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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