The Australian Competition and Consumer Commission (ACCC) are warning car sellers to avoid advertising the sale of vehicles under active recall as part of the ongoing Takata airbag recall, after three corporations were fined recently for such alleged breaches of the law.

Under Australian Consumer Law, advertising or selling vehicles with defective Takata airbags under active recall is prohibited.

One company was fined a total of $37,800 for three infringement notices, while a further two businesses were each fined $12,600 for breaches.

ACCC Deputy Chair Delia Rickard said advertising vehicles under active recall was still an offence whether or not the vehicle is sold.

“We allege that by advertising these vehicles for sale, Grays made false or misleading representations to consumers that the vehicles were of saleably quality, when that was not the case because they were under active recall,” said Ms Rickard.

The ACCC is urging drivers to check whether their vehicle is included under the Takata compulsory recall, with an estimated 250,000 vehicles still equipped with the dangerous airbags.

“All consumers should check if their vehicles are subject to the Takata Compulsory Recall. If your vehicle has an Alpha airbag, you must stop driving immediately and contact the vehicle manufacturer or your dealer.”

Rickard also said these penalties served as a warning to dealers that anyone found advertising or selling a vehicle under active recall would be dealt with.

“These penalties are a reminder that it is in breach of the Australian Consumer Law to sell or advertise for sale vehicles with defective Takata airbags that are under active recall.

“Consumer safety is one of the ACCC’s highest priorities and businesses are on notice that the ACCC takes alleged breaches of the Australian Consumer Law of this kind very seriously.”

To check whether your vehicle has been affected by the Takata airbag recall, click here.

Source: Mirage news | Penalties for allegedly selling or advertising recalled cars with dangerous Takata airbags

3 Feb 2020