The Australian Competition and Consumer Commission (ACCC) commenced proceedings against HealthEngine, Australia’s largest online health marketplace. The ACCC alleged that HealthEngine had engaged in misleading or deceptive conduct and other contraventions of the Australian Consumer Law in its online review, rating and health insurance referral processes. HealthEngine admitted the contraventions, and the parties submitted a joint statement of agreed facts and submissions on penalty.
The Court was persuaded that HealthEngine engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, and made false or misleading representations.
HealthEngine was ordered to pay a penalty of AUD2,900,000, to conduct annual reviews of its compliance program, to contact affected consumers to inform them that their personal information had been provided to a third party, and to contribute to the ACCC’s costs of the proceeding.
Mei Ying Barnes (led by S White SC) appeared for the ACCC, instructed by Corrs Chambers Westgarth.
The judgment is published here.