Consumer Watchdog To Enforce $50,000 Fine Vs. ink & Toner Reseller. Australia's Consumer Watchdog To Enforce $50,000 Fine Vs. ink & Toner Reseller involved in deceptive and misleading claims in 2012, ACCC chases director to pay $50,000 fine for printer ink scam.
By Leon Spencer. Australia’s competition and consumer watchdog has launched legal action to enforce the payment of $50,000 by former Artorios Ink director over consumer law breaches.
The Australian Competition and Consumer Commission (ACCC) revealed on 14 August that it had commenced proceedings in the Federal Court against Tuan Nguyen, the former director of Artorios Ink, a telemarketing company that sold printer cartridges.
In 2013, the court found that Nguyen was knowingly concerned in false or misleading representations made by Artorios Ink to five small businesses to sell printer cartridges.
The court ordered Mr Nguyen to pay a penalty of $50,000 but, according to the ACCC, he made no payments and filed for bankruptcy.
Nguyen has now been discharged from bankruptcy. In response, the ACCC is now seeking a garnishee order requiring Nguyen’s employer to withhold part of his wages in order to pay the penalty previously ordered.
“Individuals who have contravened the Australian Consumer Law cannot escape paying Court ordered penalties by filing for bankruptcy. As in this case, the ACCC may take action after they are discharged from bankruptcy,” ACCC deputy chair, Dr Michael Schaper, said.
“If businesses and individuals do not pay penalties ordered by the Court in ACCC proceedings, the ACCC will take action where appropriate to enforce payment of those penalties,” he said.
In 2013, both the director, (Tuan) Nguyen, and sales manager, Thuan Nguyen, of Artorios Ink were fined a cumulative total of $100,000 – or $50,000 each – after being found to have engaged in misleading or deceptive conduct with small businesses.