Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 

Jeweller Michael Hill fined $169,000

29 November 2018
Release no. 83


Jeweller Michael Hill fined $169,000 in extended warranty case

Jewellery retailer Michael Hill New Zealand Limited (Michael Hill) has been fined $169,000 in the Wellington District Court today following a Commerce Commission investigation into its extended warranty product.

Michael Hill admitted 12 charges that its Professional Care Plan (PCP) failed to comply with the extended warranty disclosure requirements of the Fair Trading Act between 31 May 2017 and 30 May 2018.

The PCP includes various services to prolong the life and maintain the appearance of the jewellery item. The PCP documentation supplied to customers failed to include all of the required information on the front page, including:
• comparing the protections consumers automatically have under the Consumer Guarantees Act (CGA) with the protections offered by the PCP
• an adequate summary of consumer rights and remedies under the CGA
• a summary of the consumer’s right to cancel the PCP

Michael Hill also admitted one charge that it misled consumers by adding the cost of the PCP onto the price of a bracelet, without the knowledge of a Whangarei couple who bought it in June 2016. The couple were later refunded the cost of the PCP after complaining to Michael Hill.

Commissioner Anna Rawlings said “the law clearly sets out the information that must be provided to consumers when selling an extended warranty. That information helps consumers to decide whether an extended warranty offers them value over and above the rights they already have under the CGA. They can then decide whether it is worth the extra cost. The cost of the extended warranty should be made clear. Where the required information is not provided, consumers who purchase these products may be able to cancel their agreements and obtain a refund of the cost of the warranty.”

In sentencing Judge DRW Barry said the conduct was a significant set of failings, not a mere minor oversight. It “impugns the objectives of the FTA as consumers had no immediately discernible comparison between their rights under the CGA and those covered by the PCP. The financial harm to the couple [the consumers] was caused by the conflation of the warranty price with the price of the bracelet. The consumers were effectively ‘guiled’ into paying for the warranty product.”

Background

Guidance for businesses
The Commission has published this fact sheet for businesses, on selling extended warranties.

The key requirement is that the front page of an extended warranty document must contain key information, including a summarised comparison between the relevant CGA guarantees and the protections provided by the extended warranty agreement.

The rules are intended to help consumers make informed choices about whether they are better protected with an extended warranty than without one, whether they want or need the extended warranty, and whether it is worth the price they are required to pay.

Advice for consumers
Our website has advice for consumers, including episode 10 of the Commission’s animated series It’s All Good which focuses on extended warranties.

ends

© Scoop Media

 
 
 
Business Headlines | Sci-Tech Headlines

 

Grey Power: Is Disappointed To Learn Of More Bank Closures

Many older people are being left without essential services because of cost cutting and the march of modern technology. It is now expected that most banking transactions can occur via the internet or telephone. Jan Pentecost, President of the Grey Power ... More>>

ALSO:

Economy: Supply Chain On Brink Of Overload Says National Road Carriers

The New Zealand supply chain is on the brink of overload and it looks like the upcoming peak imports season may push it over the edge says National Road Carriers Association (NRC) CEO David Aitken. “Worldwide supply chains are in disarray,” says Mr Aitken. ... More>>

Retail: Supermarkets Announced As Government’s Second Market Study

The Government has today launched a market study to ensure New Zealanders are paying a fair price for groceries. More>>

ALSO:

Statistics New Zealand: Retail Sales Recover In The September 2020 Quarter

Retail sales values recorded the largest September quarter rise since the series began in 1995, Stats NZ said today. Spending on major household items, vehicles, and groceries contributed to the strong 7.4 percent ($1.8 billion) rise in total ... More>>

Kea Aerospace: New Zealand Flies Into The Stratosphere

Development has started on a solar-powered, unmanned aircraft that can fly in the stratosphere continuously for months at a time. The zero-emission aircraft will carry a suite of imagery equipment that will be game-changing for many industries, vastly ... More>>

Stats NZ: Births And Deaths: Year Ended September 2020

Births and deaths releases provide statistics on the number of births and deaths registered in New Zealand, and selected fertility and mortality rates. Key facts For the year ended September 2020: 57,753 live births and 32,670 deaths ... More>>

ALSO:


Forest & Bird: Kākāpō Wins Bird Of The Year 2020

The nation has voted and Aotearoa New Zealand has a new Bird of the Year. New Zealand’s moss-colored flightless parrot has climbed to the top-spot for the second time in Forest & Bird’s annual Te Manu Rongonui o Te Tau/Bird of the Year competition. ... More>>