"Safety Net" Consumer Protection: Using Prohibitions on Unfair and Unconscionable Conduct to Respond to Predatory Business Models

Abstract

Consumer advocates and regulators in Australia have long been concerned about prevalent business models that prey upon vulnerable consumers. This paper considers both the types of factors that might justify consumer protection legislation responding to business models that take advantage of the reduced ability of consumers to protect their own interests in the transaction in question and the type of legislative response that might be utilized. In particular, the paper explores the role of standardbased “safety net” prohibitions on unconscionable or unfair conduct. The paper considers the approach taken by Australian courts to the prohibition on “unconscionable conduct” in the Australian Cons..