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Speaker 1: Now the Commerce Commission is continuing its run of prosecuting retailers.

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Speaker 1: It's now filed criminal charges against nol Leaming and this

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Speaker 1: is over its price promise. Now, the price promise is

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Speaker 1: the policy where if you find a product cheaper somewhere else,

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Speaker 1: nol Leaming will match the price for you. John Duffy

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Speaker 1: is the CEO of Consumer New Zealand.

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Speaker 2: A John, Hey, here, the ho's going.

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Speaker 1: I'm very well, thank you. Do you have any concerns

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Speaker 1: around the price promise.

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Speaker 2: Here? I mean, it is a high risk strategy for

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Speaker 2: retailers because you know, there's there's lots that can come

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Speaker 2: in between your ability to offer the product and the

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Speaker 2: customers ability to find that elsewhere, including online, including you know, offshore.

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Speaker 2: There's lots of there's lots of caveats that businesses need

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Speaker 2: to do when they're offering these promises. And if those caveats,

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Speaker 2: if that list of caveats gets too long, you know,

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Speaker 2: agencies like the Commerce Commission can start getting concerned and

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Speaker 2: actually maybe the headline offer that it's a price matching

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Speaker 2: promise might not be as true as you'd hope it

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Speaker 2: would be.

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Speaker 1: That sounds really subjective though, I mean there's no there's

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Speaker 1: no objective way to dealt with the list is too long,

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Speaker 1: is there?

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Speaker 2: Yeah? Maybe that that was a bad example, but if

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Speaker 2: you if you get good examples of caveats that make

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Speaker 2: the headline advertising misleading. For example, if you are the

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Speaker 2: only stockist of a product, if you have an exclusive

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Speaker 2: deal with a brand that can't be bought or a

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Speaker 2: product that can't be brought anywhere else, and you say

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Speaker 2: we'll we'll match this price elsewhere, well that's pretty misleading

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Speaker 2: because you can't buy it elsewhere.

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Speaker 1: Ye fair enough? Do you do you ever see? I

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Speaker 1: mean they said that they had about two hundred and

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Speaker 1: fifty thousand people actually use the price promise between twenty

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Speaker 1: nineteen and twenty twenty one, So if you count all

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Speaker 1: three years, then what's that about eighty thousand people a year?

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Speaker 1: Is that reasonable?

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Speaker 2: Well, it kind of shows if the price profice is misleading.

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Speaker 2: It actually shows the scale of the problem. So if

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Speaker 2: they're putting that much volume through and they're misrepresenting the

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Speaker 2: terms here, well that's a huge number of people who

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Speaker 2: have been impacted by what could be misleading conduct. We'll

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Speaker 2: have to see how the case pans out to see

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Speaker 2: what the court decides, but we should also remember that

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Speaker 2: this is although I've noticed nol Lemmings have come out

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Speaker 2: and made comments refuting the allegations, but they're really only

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Speaker 2: focusing on this price promised part of the Commission's prosecution,

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Speaker 2: which is only one part of kind of three heads.

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Speaker 2: They've also been paged for potentially misleading or allegedly misleading

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Speaker 2: people about their rights under the Consumer Guarantees Act, which

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Speaker 2: is really interesting when you look at our complaints data

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Speaker 2: about nol Lemming, the vast majority of those complaints relate

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Speaker 2: to products that have broken or are faulty. So if

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Speaker 2: people are taking stuff back to the store and getting

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Speaker 2: mislead about their rights to a refund or a replacement,

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Speaker 2: that's very concerning.

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Speaker 1: Okay, John, Thanks so much, John Duffy, Consumer CEO.

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