Australian online florist accused of breaching consumer law

The Australian Competition and Consumer Commission (ACCC) has issued proceedings against an online florist and gift retailer, Bloomex Pty Ltd (Bloomex), for alleged breaches by Bloomex of the Australian Consumer Law (ACL) in relation to its pricing and star ratings.

This action follows a warning that the ACCC made to consumers and the online florist industry prior to Valentine’s Day this year regarding the way certain online florists were representing themselves in their online advertising.

What did Bloomex Allegedly do?
According to the Concise Statement filed by the ACCC in the Federal Court on 8 December 2022, the ACCC has alleged that Bloomex published several misleading representations on its website.

Bloomex made representations on its website that its products were on sale or discounted when they were not (Discount Representations);
that star ratings of Bloomex products were a reliable indicator of customer satisfaction when they were not (Rating Representations), and that products could be purchased for a specified price when in fact a surcharge would be applied at checkout (Total Price Representations).

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