LEGAL FOUNDATIONS A

Internal memorandum

Brief answer

Lother, owner of tourism e-business, is our client who claims that he is a victim of fraudulent service claims made by a telecommunication company named Fast IT . It is advised that the client files a complaint to the federal trade commission (FTC) at its official online portal[1]. Also, the client needs to file a complaint to the ‘Better Business Bureau’ to ensure effective investigation of the fraudulent claims made by Fast IT telecommunication service.

Relevant facts

More than 60,000 fraudulent company claims have been reported on the official website of Australian Competition and Consumer Commission.  In the year 2019, $35 million losses were reported by this national commission in context to fraudulent claims by business organizations that have made many Australian clients fall victim to false claims of optimal service [2].

Legal issues

In this category, the client should complain about the company Fast IT to the Federal Trade Commission Australia so that the issues can be resolved. In addition, the company Fast It has made a false promise to the client as it will provide unlimited Wi-Fi access. However, the company has restricted its monthly usage of only 30GB. After using the limited data, the client will have to pay for the extra data usage. On the other hand, the Federal Trade Commission also highlights the false promises and misleading marketing techniques. This has led the client to complain to the Federal Trade Commission about the fraudulent and misleading. Moreover, the customer has also complained against the company because of the unethical marketing practices [3]. Furthermore, the customer has also complained about the misleading statement about the organisational culture. It has been identified that the customer ought to gripe about the organization Fast IT to the Federal Trade Commission Australia with the goal that the issues can be settled. Moreover, the organization Fast It has made a bogus guarantee to the customer as it will give boundless Wi-Fi get to. In any case, the organization has limited its month to month utilization of just 30GB. In the wake of utilizing the constrained information, the customer should pay for the additional information use. Then again, the Federal Trade Commission likewise features the bogus guarantees and misdirecting showcasing strategies. This has driven the customer to grumble to the Federal Trade Commission about the false and deluding. Besides, the client has likewise complained against the organization as a result of the exploitative showcasing activities.

The applicable law (legislation and cases)

According to Part III A of Competition and Consumer Act in 2010, it has been seen that the law will mainly help the customers to take necessary action against the misleading practices. In addition, the law will also help the consumer to carry out the process of complaining to the Telecommunication Authority[4]. Furthermore, the Telecommunication Authority should try to take necessary actions about the acquisition of the Government body under the marketing practices. It has been observed that the misleading marketing practices will also help the client to conduct a strict action against the company Fast IT[5]. It has been seen that the law will predominantly assist the clients with taking vital activity against the deceptive practices. Moreover, the law will likewise assist the purchaser with carrying out the way toward whining to the Telecommunication Authority. Besides, the Telecommunication Authority should attempt to take essential activities about the obtaining of the Government body under the promoting practices[6]. It has been seen that the deceptive advertising practices will likewise assist the customer with conducting an exacting activity against the organization Fast IT.

Application of the law to relevant facts

The law can be applied to the facts of Australian Government because the company has used misleading marketing practices. In addition, the facts of false promising have also created a major issue for the client to use internet facilities. On the other hand, the law will likewise assist the shopper with carrying out the way toward griping to the Telecommunication Authority. Besides, the Telecommunication Authority should attempt to take important activities about the procurement of the Government body under the advertising rehearse. It has been seen that the deceptive advertising practices will likewise assist the customer with conducting a severe activity against the organization Fast IT[7]. It has been seen that the law will dominatingly help the customers with taking indispensable movement against the misleading practices. In addition, the law will in like manner help the buyer with completing the path toward whimpering to the Telecommunication Authority. In addition, the Telecommunication Authority should endeavour to take basic exercises about the getting of the Government body under the advancing practices. It has been seen that the misleading publicizing practices will in like manner help the client with leading a demanding movement against the association Fast IT.

Probable advice to client

It is necessary for the client to complain against the company to the Federal Trade Commission. In addition, the customer can also complain to the Telecommunication Authority through which a necessary action can be taken about the false promises of the firm Fast IT. The law can be applied to the realities of Australian Government in light of the fact that the organization has utilized misdirecting advertising activities[8]. Furthermore, the reality of bogus promising has additionally made a significant issue for the customer to utilize web offices. Then again, the law will moreover help the customer with completing the route toward complaining to the Telecommunication Authority[9]. Moreover, the Telecommunication Authority should endeavour to take significant exercises about the acquisition of the Government body under the promoting practices. It has been seen that the misleading publicizing practices will moreover help the client with leading an extreme movement against the association Fast IT. It has been seen that the law will dominatingly assist the clients with taking key development against the deceptive practices. Also, the law will in like way help the purchaser with finishing the way toward whining to the Telecommunication Authority. Moreover, the Telecommunication Authority should attempt to take essential activities about the getting of the Government body under the propelling practices. It has been seen that the deceptive publicizing practices will in like way help the customer with driving a requesting development against the affiliation Fast IT.

Overall analysis and relevant advice

It is fundamental for the customer to grumble against the organization to the Federal Trade Commission. Furthermore, the client can likewise whine to the Telecommunication Authority through which a vital move can be made about the bogus guarantees of the firm Fast IT. The law can be applied to the real factors of the Australian Government considering the way that the association has used misleading promoting exercises. Moreover, the real factors of sham promising have furthermore made a huge issue for the client to use web workplaces. On the other hand, the law will in addition help the client with finishing the course toward grumbling to the Telecommunication Authority[10]. Also, the Telecommunication Authority should attempt to take critical activities about the procurement of the Government body under the advancing practices. It has been seen that the deceptive publicizing practices will also assist the customer with driving an outrageous development against the affiliation Fast IT. It has been seen that the law will dominatingly help the customers with taking key improvement against the tricky practices. Likewise, the law will in like way help the buyer with completing the path toward crying to the Telecommunication Authority[11]. In addition, the Telecommunication Authority should endeavour to take basic exercises about the getting of the Government body under the impelling practices. It has been seen that the tricky publicizing practices will in like manner help the client with driving a mentioning advancement against the connection Fast IT.

In addition to this, the client should take necessary actions against the firm about the Federal Trade Commission should take a dominant action about the company’s misleading marketing activities. By complaining about the company, the client will get compensation through which proper ethics and rules can be maintained.  However, the compensation should be given by the company to the customer through whom a mutual settlement can be done. Moreover, the complaint should be made by the customer in such a manner through which a proper decision can be taken out about the illegal practices of the company. Therefore, it can be said that the strategic decision will help the client to overcome the issue of inappropriate data in the company.

Reflection

I believe, the client needs to file a complaint in the official website of Federal Trade Commission of Australia specifying the main issue faced from fraudulent claims made by the telecommunication service Fast IT. Also, the client needs to file a complaint to the BBB (Better Business Bureau). I believe both of these organisations might help to investigate the relevance of the complaint made by the e-business owner.  It is the responsibility of the concerned agencies to ensure effective investigation of the business policies and legal position of Fast IT as it might victimize other entrepreneurs in the future. Thus, I believe in order to maintain proper law and order and to ensure preservation of Australian economic standards concerned legal agencies need to investigate the legal claims made by the client and ensure that such fraudulent do not occur in the future.  Evaluation of the financial records of Fast IT, especially its stakeholder equity, may shed light on its relationship with its major stakeholders. Also, communication with current clients of the e-business owner might shed light on the integrity and transparency of the client.  I believe this investigation is necessary to confirm that claims made by Lother are true.  Moreover, the investigating agencies need to ensure whether the client and the accused were involved in any agreement that might influence the claims made in this case.

 

 

References

Footnote: J.D. McKEAN, "The Importance Of Traceability For Public Health And Consumer Protection" (2001) 20(2) Revue Scientifique et Technique de l'OIE.

Your Bibliography: McKEAN, J.D., "The Importance Of Traceability For Public Health And Consumer Protection" (2001) 20(2) Revue Scientifique et Technique de l'OIE

Footnote: Kimberlee Weatherall, "The Consumer As The Empirical Measure Of Trade Mark Law" (2017) 80(1) The Modern Law Review.

Your Bibliography: Weatherall, Kimberlee, "The Consumer As The Empirical Measure Of Trade Mark Law" (2017) 80(1) The Modern Law Review

Footnote: Jeannie Paterson, "Introducing The New, National Australian Consumer Law" (2018) 36(1) Alternative Law Journal.

Your Bibliography: Paterson, Jeannie, "Introducing The New, National Australian Consumer Law" (2018) 36(1) Alternative Law Journal

Footnote: Kanchana Kariyawasam and Shaun Wigley, "Online Shopping, Misleading Advertising And Consumer Protection" (2017) 26(2) Information & Communications Technology Law.

Your Bibliography: Kariyawasam, Kanchana and Shaun Wigley, "Online Shopping, Misleading Advertising And Consumer Protection" (2017) 26(2) Information & Communications Technology Law

Footnote: Thomas Bailey, "The Need For Comprehensive Reform: From Access To Completion" (2016) 2016(176) New Directions for Community Colleges.

Your Bibliography: Bailey, Thomas, "The Need For Comprehensive Reform: From Access To Completion" (2016) 2016(176) New Directions for Community Colleges

 

 

 

 

[1] McKEAN, J.D., "The Importance Of Traceability For Public Health And Consumer Protection" (2001) 20(2) Revue Scientifique et Technique de l'OIE

[2] Weatherall, Kimberlee, "The Consumer As The Empirical Measure Of Trade Mark Law" (2017) 80(1) The Modern Law Review

 

[3] Paterson, Jeannie, "Introducing The New, National Australian Consumer Law" (2018) 36(1) Alternative Law Journal

 

[4] Kariyawasam, Kanchana and Shaun Wigley, "Online Shopping, Misleading Advertising And Consumer Protection" (2017) 26(2) Information & Communications Technology Law

 

[5] Bailey, Thomas, "The Need For Comprehensive Reform: From Access To Completion" (2016) 2016(176) New Directions for Community Colleges

 

[6] McKEAN, J.D., "The Importance Of Traceability For Public Health And Consumer Protection" (2001) 20(2) Revue Scientifique et Technique de l'OIE

[7] Weatherall, Kimberlee, "The Consumer As The Empirical Measure Of Trade Mark Law" (2017) 80(1) The Modern Law Review

 

[8] Kariyawasam, Kanchana and Shaun Wigley, "Online Shopping, Misleading Advertising And Consumer Protection" (2017) 26(2) Information & Communications Technology Law

 

[9] Paterson, Jeannie, "Introducing The New, National Australian Consumer Law" (2018) 36(1) Alternative Law Journal

 

[10] Weatherall, Kimberlee, "The Consumer As The Empirical Measure Of Trade Mark Law" (2017) 80(1) The Modern Law Review

 

[11] Paterson, Jeannie, "Introducing The New, National Australian Consumer Law" (2018) 36(1) Alternative Law Journal

 

 

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