Factsheet No. 20: Misleading or deceptive conduct

Under the Australian Consumer Law, it is illegal for a person to engage in conduct which is misleading or deceptive or likely to mislead or deceive.

What is misleading or deceptive
conduct?

Conduct is misleading or deceptive if it leads, or is capable of leading a person into error. Wherethe overall impression created by the conduct is false or inaccurate, it may be misleading or deceptive.

However, generally conduct that misleads or deceives a gullible person is unlikely to be regarded as misleading or deceptive.

The word "conduct" covers a broad range of activities, including:

• statements made in writing (eg advertisements, contracts);
• statements made orally (eg negotiations, a sales pitch conversation); and
• remaining silent in some circumstances.

Access the full PDF below for more information on what constitutes misleading and deceptive conduct.

This resource is under review following recent changes in the law. It may not be current and accurate.