- Consumer law reminder sent to 1,300 solar businesses regarding battery rebates
- Industry warned against making misleading claims and using Government logo
- Scheme not yet open, consumers can express interest via official WA Govt website
Consumer Protection has put the solar industry on notice regarding the State Government’s new residential battery rebate and no-interest loan scheme.
Letters have been sent to around 1,300 solar system retailers, promoters and installers, reminding them of their Australian Consumer Law (ACL) obligations, particularly in relation to making sure that their promotion of the WA Residential Battery Scheme, and related agreements, are consistent with official government information and do not mislead consumers.
Of particular concern were reports of a trader unlawfully using the State Government logo and falsely claiming that registrations were open, subsequently using questionnaires to gather personal information.
The WA Residential Battery Scheme is currently in an ‘expression of interest’ phase through the official wa.gov.au website. As no providers or products are yet shortlisted and/or approved, consumers signing up before the scheme officially opens risk ineligibility for rebates, as it will not apply retrospectively.
In his communication with the industry, Commissioner for Consumer Protection Owen Kelly warned businesses to ensure their promotion or marketing of the scheme complied with the ACL.
“My communication to these businesses emphasised their duty to not mislead consumers by falsely suggesting their company is approved or accredited under the scheme, or that registering with them offers any special eligibility or preference,” Dr Kelly said.
“Also potentially misleading to consumers and a possible breach of the ACL is the use of the State Government logo on unofficial websites or registration forms.
“I further instructed these businesses to fully comply with the ACL rules on unsolicited sales, which grants consumers a 10-day cooling off period before any payment or work can occur if contracts are entered into on an unsolicited basis, such as via door- knocking or cold calls.
“I’ve also reminded them to take on a workload they can realistically manage to ensure timely completion and allow consumers to exit contracts without penalty if the business fails to meet its promises, or if the business ends up not being an approved retailer or supplier for the purposes of the scheme.”
Significant penalties apply for businesses found to have failed to meet their obligations under the ACL.
Advice for consumers includes being careful when sharing information online, especially when dealing with unsolicited communications about the rebate scheme.
“Promotions using ‘solar postcode eligibility’ are a red flag as this is not a real criterion, and any ads requesting your postal address could be an attempt to collect your personal information,” Dr Kelly said.
“If you get a call and you don’t remember specifically asking a solar company to contact you, they may have bought your information as a lead from a third party. Before committing to anything, check the information on the Energy Policy WA website”.
Consumers hoping to participate in the scheme can receive updates by completing an expression of interest form on the official wa.gov.au website, where further information can also be found at www.wa.gov.au/batteryrebate. For consumer advice visit: WA Residential Battery Scheme - Consumer Protection - DEMIRS
Concerns regarding potentially misleading advertising about the battery scheme can be reported via the Consumer Protection website or by calling 1300 30 40 54 or emailing consumer@demirs.wa.gov.au.
Media Contact: cpmedia@demirs.wa.gov.au