What are unsolicited supplies?
Unsolicited supplies are goods or services supplied to someone who has not agreed to buy or receive them.
It is unlawful to:
A business must not issue an invoice for unsolicited goods or services unless:
This is not a bill. You are not required to pay any money
Does someone who receives unsolicited goods or services have to pay and can they keep them?
No, a receiver of any unsolicited goods or services is not required to pay for them. Also they do not have to pay for any loss or damage due to supply of the services.
However they may be required to pay compensation if they wilfully damage unsolicited goods within the three month recovery period.
The receiver of unsolicited goods can keep the goods, without obligation to pay, if they are not collected with the recovery period. The supplier cannot take action to recover the uncollected goods after the recovery period has lapsed.
However, the receiver of unsolicited goods cannot:
The supplier can seek return of the goods within the three month recovery period. This time reduces to one month when the recipient of the unsolicited goods or services advises the supplier that:
It is unlawful to demand payment for an entry or advertisement that was not first authorised by the person or business concerned.
An advertisement is authorised when the person or business or their nominee has signed a document that:
It is possible to send an invoice for an unauthorised entry or advertisement, if it contains the warning statement required by the ACL Regulations and is the most prominent text in the document:
In a dispute the person or business demanding payment must prove it was reasonable to believe the entry or advertisement was authorised.
Unsolicited credit or debit cards
An item is a credit card if its intended to obtain cash, goods or services on credit (eg store-branded credit cards, store cards)
An item is a debit card if intended to access an account held by the consumer for the purpose of withdrawing or depositing cash or obtaining goods or services.
Generally, the issuer of a credit or debit card must not:
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