A SECOND leading Australian hearing company has fallen foul of the ACCC.
Australian Hearing Services has paid penalties of $37,800 for false and misleading conduct after the corporate watchdog issued three infringement notices alleging the Australian Government-owned corporation engaged in false or misleading conduct in connection with the supply of hearing services to consumers many of whom were pensioners concession card holders and veterans.
The ACCC also accepted a court enforceable undertaking from Australian Hearing, which has admitted that its conduct breached Australian Consumer Law.
Australian Hearing competes with other hearing clinics to provide hearing services to consumers under the Australian Government Hearing Services Program. It owns and operates Hearing Help, a service that provides hearing advice to consumers by phone or via Facebook.
Australian Hearing admitted that it engaged in misleading conduct by representing that Hearing Help was “unbiased” whereas one of its primary objectives was to increase consumer referrals to Australian Hearing.
It also falsely represented that Hearing Help was government funded when it was entirely funded by Australian Hearing which largely operates on a ‘for profit’ basis in competition with other hearing clinics
The company also sent renewal reminder letters to clients of the Australian Government Hearing Services Program that falsely represented that payment for annual subscriptions for maintenance services for hearing aids was mandatory when it was not. Consumers pay a fee of around $50 for these subscriptions and providers like Australian Hearing receive a subsidy of around $75 to $200 for each customer they sign up.
Around 80 per cent of hearing aids supplied in Australia are provided under the subsidised Australian Government Hearing Services Program.
The Program is administered by the Department of Health and around 300 providers, including Australian Hearing, are accredited to provide hearing devices to eligible people.
“This is the second time we have acted recently against a hearing services provider after we put the sector on notice in 2017 about concerning business practices in the industry,” ACCC Commissioner Sarah Court said.
“Hearing clinics need to ensure that they are not misleading customers in order to sell hearing aids. Hearing clinics must be truthful in the way they promote and deliver their products and services, whether in their advertising materials or in their direct communications with consumers.”
“The customers of these businesses are often vulnerable due to their hearing loss or age, and are often on a pension. We will continue to take enforcement action to protect vulnerable consumers where we see wrongdoing,” Ms Court said.
As part of the undertaking, Australian Hearing has also committed to publish notices on Facebook and in its next round of annual reminders to advise consumers of its misrepresentations.
Oticon Australia Pty Ltd and Sonic Innovations Pty Ltd two hearing aid retailers owned by William Demant Holdings which operates more than 200 hearing clinics across Australia have admitted making misleading advertising claims. Penalties have yet to be confirmed.