Hon. Robyn McSweeney raises concerns about fraudulent dating agency practices, questioning consumer protection measures and seeking government investigation. Hon. Jon Ford responds, outlining existing legislation and departmental investigation processes, while acknowledging the subjective nature of dating services.

AnsweredQoN 133Legislative Council
Asked
27 April 2005
Portfolio
Consumer and Employment Protection

QuestionView source ↗

I refer to dating agencies. (1) What legislation is in place to protect men and women from fraudulent and unscrupulous actions of persons running dating agencies? (2) (a) Is the government aware that genuine inquirers have been asked to give large sums of money to these agencies for negligible results and clearly unsuitable matches that take no account of reasonable compatibility? (b) Is the government aware that it is virtually impossible to obtain a refund of the fees paid up-front for these unsatisfactory and questionably fraudulent and exploitative practices? (3) If no such legislation exists, will the government investigate such practices and put some preventive measures in place? Hon JON FORD

AnswerView source ↗

I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has supplied the following answer - (1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
(1) What legislation is in place to protect men and women from fraudulent and unscrupulous actions of persons running dating agencies? (2) (a) Is the government aware that genuine inquirers have been asked to give large sums of money to these agencies for negligible results and clearly unsuitable matches that take no account of reasonable compatibility? (b) Is the government aware that it is virtually impossible to obtain a refund of the fees paid up-front for these unsatisfactory and questionably fraudulent and exploitative practices? (3) If no such legislation exists, will the government investigate such practices and put some preventive measures in place? Hon JON FORD replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has supplied the following answer - (1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
(2) (a) Is the government aware that genuine inquirers have been asked to give large sums of money to these agencies for negligible results and clearly unsuitable matches that take no account of reasonable compatibility? (b) Is the government aware that it is virtually impossible to obtain a refund of the fees paid up-front for these unsatisfactory and questionably fraudulent and exploitative practices? (3) If no such legislation exists, will the government investigate such practices and put some preventive measures in place? Hon JON FORD replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has supplied the following answer - (1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
Hon JON FORD replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has supplied the following answer - (1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has supplied the following answer - (1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
(1) The Fair Trading Act 1987 contains provisions that make it illegal to act in a way that is misleading or deceptive. The legislation provides the ability to prosecute traders for offences relating to misleading representations. Penalties are up to $20 000 for an individual or $100 000 for corporations. (2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.
(2) (a) Practices within the industry encourage customers to pay a sum of money up-front for a range of services. In some cases fees have been considered to be excessive. Payment is usually made on the basis that a set number of introductions will be provided to the client. Complaints to the Department of Consumer and Employment Protection include allegations that unsuitable matches have been made by the agency. (b) Refunds can be obtained by consumers when they can establish evidence that the services were not provided with reasonable care and skill. However, the quality of dating services can be very subjective. It is evident from the complaints the department investigates that consumers and their proposed matches can have different expectations. Most complaints that cannot be successfully resolved involve a conflict of evidence between the parties. (3) The Department of Consumer and Employment Protection investigates all complaints against introduction agents or dating agencies. In today’s marketplace a number of introduction agents operate over the Internet. Western Australia operates within a compliance network of other state consumer protection jurisdictions. Investigations are conducted by the jurisdiction in which the trader is located. If the member has evidence of complaints, I encourage her to formally refer them to the department.

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