Judge hits CBA’s ad small print for six

A Federal Court judge has ruled that the Commonwealth Bank's use of the phrase “terms and conditions apply” in home loan advertisements did not override a false representation in the ads. The CBA had advertised a home loan product on TV during cricket broadcasts in the summer of 2001-02. It stated that the loan had no establishment fee but failed to tell customers that they had to be already using, or apply for, other CBA products to qualify. The judge ruled that the “terms and conditions apply” phrase did not override the claim of “no establishment fee” which was “bold in its initial assertion”. The ACCC later stated that the phrase relating to conditions should be used carefully and not applied to conceal important information.

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