The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Hyundai Motor Company Australia Pty Ltd (Hyundai).
This follows the ACCC’s concerns that car manufacturers’ policies and procedures, including consumer redress systems and compliance programs, may not provide a balanced focus on consumers’ entitlements arising from the Consumer Guarantees under the Australian Consumer Law (ACL), compared to entitlements arising from the Manufacturer’s Warranties. This may result in misleading representations being made to consumers about their rights under the ACL and make it difficult for consumers to enforce their rights if they experience problems with their vehicle.
Hyundai has provided the ACCC with a section 87B undertaking that it will:
Engage an independent expert to review relevant complaints made in the 12 months prior to the undertaking;
Engage an independent expert to review its complaint handling system to ensure that consumer rights are accurately considered, and consumers are provided with written reasons when a remedy they request is not provided;
Review its dealer policies and procedures to ensure they comply with the ACL in relation to consumer guarantees, including in circumstances where a vehicle experiences a fault within a short period after purchase; and
Provide consumers with the ability to obtain information about any issues with their vehicle, and available fixes, by contacting Hyundai and identifying their vehicle.