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Commission files charges against Auckland mobile trader, Appenture Marketing

8 February 2017

The Commerce Commission has filed 24 charges against Appenture Marketing Ltd for failing to provide consumers with key contract information and for making false and misleading representations to consumers about their rights.

These charges were filed in the Auckland District court under the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and the Fair Trading Act 1986 (FTA). The charges relate to conduct carried out between 6 June 2015 and 30 April 2016.

Appenture Marketing is a mobile trader based in Auckland and operates throughout the North Island. It sells consumer goods, such as electronic goods, door-to-door on credit at prices significantly higher than what is charged at mainstream stores.

The charges allege that Appenture Marketing failed to disclose certain key information to consumers when entering into credit contracts. The Commission also alleges Appenture made misleading representations to consumers about:

  • the guarantee relating to the delivery of goods
  • the amount recoverable by Appenture Marketing under the contract following repossession and sale of the goods
  • the guarantee relating to goods matching their description.

As this matter is now before the court, the Commission is unable to comment further.

Background

The Commission has a strategy to address the industry-wide compliance issues it identified in its Mobile Trader 2014/15 Report. Eleven mobile traders were prosecuted in 2016. They were Best Buy Limited, Bestdeals 4 You Limited, Ace Marketing Limited, Smart Shop Limited, Goodring Company Limited, Betterlife Corporation Limited, Flexi Buy Limited, Macful International Limited, Zee Shop Limited, Sales Concepts Limited and Appenture Marketing Limited. The Commission also has 12 ongoing investigations into mobile traders.

The District Court imposed fines of almost $510,000 on the five mobile traders sentenced in 2016.