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Harvey Norman Penalised $35 Million in ASIC Court Case
Justice Michael O'Bryan said the companies misled consumers about credit terms and ordered them to publish notices and pay ASIC's costs.
On Tuesday, the Federal Court ordered retailer Harvey Norman and lender Latitude Financial to pay a combined $55 million penalty, the largest fine issued by the Australian Securities and Investments Commission for misleading consumer credit marketing.
Campaigns running between January 2020 and August 2021 promoted 60-month interest-free deals while masking requirements for consumers to open a credit card, specifically the Latitude GO Mastercard, which carried establishment and monthly fees.
Allocating $35 million to Harvey Norman and $20 million to Latitude, Justice Michael O'Bryan noted Harvey Norman 'exhibited a different level of contrition' and failed to provide evidence of improved compliance processes.
Both firms must publish corrective advertisements on their website home pages for 90 days, an action ASIC chair Sarah Court described as a 'strong warning to the market' regarding transparency.
While Latitude apologized to customers for its conduct, Harvey Norman faced criticism for its chairman's dismissive public comments; the retailer expects to record further expenses this financial year to cover its penalty share.