[LINK] Heads Up - The National Hearing Association

[Steven Clark]

On 03/05/11 19:55, Tom Koltai wrote:
> Pretending to be from the government when they call by talking about the
> Governments hearing assistance schemes.
>
> When he attempted to confirm my address to send information too, I
> became suspicious when he used standard call centre tactics to elicit
> the current address:
>
> NHA: So Tom, are you still at number 34 xxxxxx st. ?
>          (Of course I wasn't and have never been.)
> TPK: Err, What database are you using ?
> NHA: Our database.
> TPK:  Is that the Australian Health Database ?
> NHA: It's our company database.
> TPK: So you're not from the Government.
> NHA: Ahh, No
>
> In Commercial law there are penalties for "passing off", is that also
> the case with Telemarketers ? 
> And if so, at what point does misrepresentation become fraud 

Perhaps you ought to call your State/Territory's Business and Consumer
Affairs office/agency? or the ACCC? They are in a position to help you here.

Misrepresentation is an offence. Fraudulent misrepresentation likewise.

Breaches of the Privacy Act may or may not be (serious) offences [that
depends on who you ask o.o]

> I think it might be time to be able to sue for misrepresentation in
> telemarketer calls and other advertising.
It is already possible. Which is why they use scripts.

> The con of advertising needs to be removed.

In light of how much commerce is dependent upon advertising ...

> We need to go back to the wholesome adverts of the 1950's.


-- 
Steven