Speaker 1 (00:00):
Last month, the Australian Competition and Consumer Commission (ACCC) launched legal action against Woolies and Coles, alleging they misled consumers with deceptive discount pricing on hundreds of products. Now, a law firm is preparing a class action to recover money for customers. Peter Carter, compensation lawyer and director of Carter Capner Law, says this action will be distinct from the ACCC’s case.

Peter Carter (00:42):
The ACCC is focused on enforcing the provisions of the Australian consumer law. None of the proceeds from their action will go back into the pockets of deceived consumers.

Speaker 3 (00:55):
So, a class action is needed to get money back for individuals claiming they were misled?

Peter Carter (01:04):
Exactly. Most Australians shop weekly at one of the two grocery giants. Based on household size and weekly spending, we can calculate each family’s loss over the period the deceptive practices were carried out.

Speaker 3 (01:43):
What do you estimate the average loss to be?

Peter Carter (01:46):
It’s early days. We’ve had about 2,000 people register, and we’ll need 20,000 to analyze the numbers properly. But we estimate the loss could range from $2,000 to $5,000 per family.

Speaker 3 (02:02):
Crikey, that much? I was expecting maybe a hundred bucks. Really?

Peter Carter (02:08):
Yes. For a large household spending $500 a week, we estimate a 10% deception, which equates to $50 a week in damages—adding up to over $2,000 for 12 months.

Speaker 3 (02:34):
What proof would I need to show I was misled?

Peter Carter (02:41):
Most shoppers use the grocery giants’ apps, which record purchase data. That’s our evidence. The ACCC has already collected some data on price increases, but we’ll gather additional evidence to show the full extent of the deception.

Speaker 3 (03:18):
Will the class action proceed if the ACCC’s legal action fails in court?

Peter Carter (03:27):
Yes, it will. The ACCC’s case focuses on penalties, while ours is a civil claim based on misleading and deceptive conduct.

Speaker 3 (03:42):
How much time do people have to join the class action?

Peter Carter (03:52):
We’re working on this claim over the next few months and encourage people to register as soon as possible. We aim to reach 20,000 registrations before diving deeper into the data with experts to calculate individual damages.