Australian Consumer Law complaint response checklist
Consumer complaints under the ACL can escalate into ACCC or state fair trading action. This checklist helps in-house and external lawyers respond promptly and within the statutory framework.
This is a 12-step checklist for responding to a consumer complaint under the Australian Consumer Law. It covers consumer guarantees, remedies, and regulator engagement.
The checklist
Acknowledge the complaint
Acknowledge receipt within the internal complaints service level.
Identify the product or service
Identify the product, service, or supply giving rise to the complaint.
Check consumer definition
Confirm whether the complainant is a consumer under section 3 of the ACL.
Assess consumer guarantees
Assess which consumer guarantees apply — acceptable quality, fit for purpose, description.
Classify the failure
Classify any failure as major or minor under the ACL.
Map available remedies
Map the remedies the consumer is entitled to — repair, replace, refund.
Review representations
Review advertising and pre-sale statements for misleading or deceptive conduct.
Check unfair terms
Review any disputed contract term against the unfair contract terms regime.
Assess safety and recall
Assess whether the complaint raises a product safety or recall issue.
Consider regulator engagement
Assess whether ACCC or state fair trading involvement is likely.
Draft response and offer
Draft a response setting out findings, remedy offered, and next steps.
Record and report
Record the complaint on the register and report to the board or compliance committee where required.
When this checklist applies
Use when responding to consumer complaints that allege breach of consumer guarantees or misleading conduct.
Common pitfalls
- Offering less than the statutory remedy for a major failure
- Classifying a failure as minor when cumulative effect makes it major
- Missing the misleading representation aspect of the complaint
- Delayed acknowledgement triggering regulator escalation
- Unfair terms not reviewed until litigation
Run this checklist on a real matter
Quillio can classify failures under the ACL and draft response templates that meet the consumer guarantee remedies. See /practice-areas/commercial-lawyers or start a free trial.
General guidance on ACL consumer complaints. Product-specific rules — safety, therapeutic goods, food — may apply.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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