Promises, Promises – fine print and your legal rights in Australia

Promises, Promises – fine print and your legal rights in Australia

Many Australian businesses – and their clients – have seen bold promises like “Guaranteed first‑page Google ranking” or “Unlimited data for $29.99 a month; Pre‑approved finance in minutes, no conditions and Lose 10 kilos in 10 days – guaranteed”.

It sounds great… until the performance or the contract doesn’t match what was promised.

Then the questions start: “Is this even legal?”, “Can I get out of this contract?” and “What does the ACCC say about this?”.

This article explains how Australian Consumer Law treats big marketing promises, what “shouting the claim and whispering the fine print” really means, and what you can do if it happens to you.

At Sharon Givoni Consulting, the focus is on “turning your ideas into assets” and “legal ease, not legalese” – helping people Australia‑wide understand their rights when promises and reality don’t match.

Misleading advertising: the basics

Under the Australian Consumer Law, businesses must not make false or misleading claims about their goods or services.

That includes:

• Overblown headline promises (“unlimited leads”)
• Fine print that quietly takes back what the headline just promised.
• Verbal promises made by sales staff in calls, emails or meetings.​

The ACCC’s guidance is simple: advertising must not create a false overall impression.

Fine print can clarify, but it cannot contradict, the main message.

If a customer walks away thinking “I’m guaranteed X” and the small print says “Actually, you’re not”, that’s a problem for the business.​

The ACCC’s guidance makes it clear that businesses must be able to back up their claims and that fine‑print qualifications cannot directly contradict the main promise in an ad.

Common claims

Digital marketing is a classic area for risky promises. Common claims include:

• “Guaranteed first‑page ranking in Google within 2–3 business days.”
• “24/7 ad management and unlimited traffic.”
• “We’ll double your leads in 30 days, no risk.”
• Under the ACL, these become legally risky when:

The provider cannot reasonably deliver what is promised (for example, guaranteeing organic first‑page rankings for highly competitive keywords regardless of budget).

The way the campaign is structured makes the promise unrealistic (for example, weekday‑only ad scheduling but “24/7” marketing).

Important limitations are buried in dense terms and conditions rather than clearly explained.​

The law expects businesses to have reasonable grounds for performance claims and to make key conditions obvious. Hope and optimism are not enough.

Shouting the claim and whispering the fine print

“Shouting the claim and whispering the fine print” is not just a catchy phrase – it’s exactly the type of behaviour courts and the ACCC have criticised.

Examples:

A headline says “Unlimited internet for $29.99 per month”, while smaller text reveals that you must also buy a home phone service and pay large upfront fees. In the TPG case, the High Court found the dominant message was that the whole service cost $29.99 and that qualifications were not prominent enough to correct that impression. A $2 million penalty was reinstated.​

Retailers run “store‑wide” or “site‑wide” discount campaigns, but large parts of stock are excluded or savings are illusory. The ACCC has warned that such claims, backed only by fine‑print exclusions, can mislead customers and has taken enforcement action against major retailers.​

A home builder uses glossy images of homes with pools and backyard “bali huts” next to the house, but these features are not included at the advertised price. In the Metricon case, the Federal Court imposed an $800,000 penalty and the ACCC stressed that fine print is not an antidote to misleading headline representations.​

In simple terms, these cases all had the same pattern: the business shouted a big, exciting promise in the headline and then whispered the reality in the fine print (or left it out altogether). The courts asked what an ordinary person would realistically think they were getting, based on the overall ad, not just the tiny disclaimers.​

If that overall impression was misleading, the small print didn’t “fix” it – the headline still counted as misleading. That said, every situation is different, and whether something is legally misleading always depends on its own facts, wording and context, including how and where the claim is made and who it is aimed at.

What does the law actually give you?

If you end up with a service that doesn’t live up to bold promises, the law may give you some protection, but it’s never automatic and always depends on the specific facts and context. Broadly, the ACL recognises that services should be provided with due care and skill, be reasonably fit for the purpose you discussed with the provider, and not be sold using misleading or deceptive statements about things like performance, benefits or price. Whether those protections actually apply in your situation will depend on exactly what was said, what was written, how the service was delivered, and who the customer is.​

If there is a serious enough problem, possible outcomes in some cases can include a full or partial refund, getting out of the contract without extra penalties, or seeking compensation for loss caused by misleading conduct or poor service. Again, this turns very much on the circumstances. Importantly, signing a contract does not automatically erase earlier misleading statements if those statements were a key reason you signed in the first place, although how a court or regulator will treat that will always depend on the overall evidence and context.

What to do if it happens to you

If you feel you’ve been sold a service on big promises that haven’t been kept, it’s important not to rush into cancelling contracts or stopping payments before you get proper advice.

At Sharon Givoni Consulting, the team can review the sales emails, proposals, landing pages, ads and contracts to identify what was really promised and how that might be viewed under the ACL, including whether there are potential issues around misleading or deceptive conduct or false or misleading representations.

We can also examine performance data, reports and invoices to see how the service was actually delivered and where the gaps may be, before you take any steps that could affect your legal position.​

Once the facts and context are clear, you can be guided through your options so you understand what rights you may or may not have, without assuming that a refund, contract termination or compensation will automatically apply in your case.

We can explain the risks of unilaterally cancelling contracts, withholding payments and we can prepare carefully drafted correspondence on your behalf that sets out the issues in a measured way and, where appropriate, refers to relevant ACL concepts tailored to your circumstances.

The key message

If you think you’ve been misled by bold promises and fine print, keep your documents, don’t make any big moves such as cancelling contracts or stopping payment without legal advice, and speak to a lawyer who can look at your particular facts and help you navigate the next steps.​

When to involve a lawyer

If the business refuses to budge, insists the fine print saves them, or threatens to enforce harsh termination or collection terms, it is sensible to get legal advice.

FAQs

Q1: If I signed the contract, am I stuck with it?
A: Not necessarily. The law looks at the whole picture, including pre‑contract promises.

Q2: Can fine print save a misleading headline?
A: Generally no. Courts and the ACCC say fine print can’t undo a misleading headline if the overall impression is inaccurate.

Q3: Do I have to prove the business meant to mislead me?
A: No. A business can breach the law even if it believed its advertising was fair.

Q4: Does the ACL protect small businesses as well as consumers?
A: In many cases, yes. Small businesses often benefit from the same protections against misleading conduct and unfair practices, especially for standard services and contracts under certain value thresholds.​

Q5: Can I report a business to the ACCC?
A: Yes. Your own dispute is usually resolved directly with the business (with legal help if needed), but serious or repeat behaviour can be reported to the ACCC or state agencies, which may take enforcement action.

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Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.