Consumer complaints and investigations

Information for consumers about how a complaint may contribute to an investigation into the conduct of a business or individual.

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We may investigate the conduct of a business or individual where an alleged breach of the law is identified.

When a complaint is made

An assessment of the complaint will determine:

  • the issues in dispute and options which will help resolve the complaint
  • if a breach of the law has occurred
  • if the matter would be better handled by another organisation
  • whether we will assist with resolving your complaint, and if not provide you with our reasoning.

While we look at every complaint, not all reports will be investigated. Complaints contribute to how we assess and respond to trader conduct across the board, ensuring a fair and safe marketplace overall.

If a law has been broken

If we find a law has been broken, we will:

  • inform the trader and ask them to remedy it
  • consider further action to protect the consumer in certain cases.

Note: The aim of any further action such as an investigation into the conduct of the business or individual, is to enforce NSW Fair Trading laws and regulations. Generally, your dispute is dealt with separately in trying to reach a resolution for you. However, you may be contacted to provide information to assist with an investigation.

When a matter is considered for enforcement action

We might contact you for more information or to arrange a time for us to discuss the matter with you. If you change your address or your contact details, it’s important you inform us.

We might ask you to provide copies of letters, documents or other material to us. We might also ask you to sign a statement, or swear an affidavit, so that we can use it as evidence in court proceedings. Without evidence, it is unlikely we can take action against the offending business or individual, which may result in the poor conduct continuing.

If we do begin court proceedings, we may ask you to attend a court or tribunal hearing. This is so you can give evidence about your complaint.

Investigations we conduct may not necessarily result in compensation. If you are seeking compensation, you should get independent legal advice.

What you can expect from NSW Fair Trading

When we conduct an investigation, we:

  • remain impartial.
  • inform you of relevant time limits such as statutory timeframes, if any.
  • keep you informed of the investigation’s progress. However, we can only advise you of information that would not compromise the investigation.
  • balance the investigation with other investigations concurrently.
  • aim to complete the investigation as quickly as possible.
  • advise you of the outcome. We may not provide you with specific details.
  • may release information about the investigation to the general public, where it is in the public interest.

Make a complaint or enquiry

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