Journal article

Should Australia Introduce a Prohibition on Unfair Trading? Responding to Exploitative Business Systems in Person and Online

JM Paterson, E Bant



Australian consumer protection law contains broad and flexible prohibitions on misleading and unconscionable conduct in trade or commerce. Yet concerns have been raised that these prohibitions are unsuitable for responding to predatory business systems. These are businesses that, by design or operation, target consumers experiencing vulnerability to offer costly products ill-suited to their needs. This concern has arisen in response to prominent instances of products of dubious efficacy offered to marginalized communities. It has also arisen from concerns over the increasing potential for data-driven digital marketing to manipulate consumer choice by targeting with fine-grained accuracy cons..

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University of Melbourne Researchers


Awarded by Australian Research Council

Funding Acknowledgements

This article is part of an Australian Research Council funded project DP180100932 on coherence in the general prohibition on misleading conduct in the Australian Consumer Law. Research assistance provided by Yi Tung and Calvin Collins, JD Candidates, Melbourne Law School. Errors are our own.