Technology seller Android Enjoyed has found itself on top of the New South Wales Fair Trading Complaints Register for the second month running, two years after being hit with a consumer warning from the NSW Office of Fair Trading
Complaints from customers have forced the state consumer watchdog to re-issue a public warning against the company after first sounding an alarm for consumers in 2016.
Android Enjoyed is operated by Digital Marketing and Solutions Pty Ltd, and was the recipient of a total of 95 consumer complaints over February and March.
Digital Marketing and Solutions Pty Ltd also operates online technology retailer Camera Sky, which has also featured heavily in the complaints section, amassing 53 complaints over the past two months.
Android Enjoyed first caught the attention of regulators in 2016, when Fair Trading warned shoppers not to engage with the sites. At the time, the watchdog said consumers had lost around $150,000 due to lost orders.
NSW Minister for Better Regulation Matt Kean is taking the volume of complaints about the brands seriously and has directed Fair Trading to investigate what further action can be taken against the brand.
“Their disappointing business practices are totally unacceptable and consumers shouldn’t have to cop it,” Kean said of Android Enjoyed in a statement.
Fair Trading has previously issued an enforceable undertaking against the company in 2016 and “for a short time it appeared to be making a difference”, Kean said.
“An enforceable undertaking is an alternative to prosecution through the courts, which can offer significantly greater benefits to the workplace, industry and community.
“But sadly, it was short-lived, as they are not only back but once again topping the list.”
Android Enjoyed and Camera Sky have featured in the top 10 complained about businesses on 18 occasions since records began in July, 2016.
Complaints registered about the businesses in online forums suggest a whole range of concerns, with disgruntled consumers sighting lack of communication, not receiving promised products or refunds.
One customer on the site Product Review labelled the company as ‘evil’ after awaiting a refund for well over the promised “25 working day refund policy” that was promised to customers.
Principal and general counsel at LegalVision, Ursula Hogben, tells SmartCompany all businesses must be aware of their legal responsibilities to Australian consumers.
“The Australian Consumer Law applies to local and international businesses selling into Australia,” she says.
Hogben says consumer protections can extend beyond what companies include in their terms and conditions. When it comes to the timeliness of delivery, for example, Hogben says consumer law stipulates delivery must be “within the time specified” or within a “reasonable time”.
“It’s not just what company terms and conditions say. The consumer law exists to protect the consumer, companies can’t get out of consumer law or change it in a way that is bad for the customer,” she says.
“Consumer law applies, even if the company tries to tell you that it doesn’t.”
Hogben also reminds businesses that if a product is faulty, the company must pay for repair, replace or refund the item and pay for return shipping.
SmartCompany contacted Android Enjoyed for comment but did not respond prior to publication. The business’s ‘priority hotline’ appears to have been disconnected, as has its ‘priority’ email address.