Rising infringement notices – harmless or cause for concern?

Why businesses should pay attention

When announcing the ACCC’s 2025-26 priorities, Gina-Cass Gottlieb said the regulator would protect consumers by utilising “the full range of our tools and powers”. The numbers suggest the ACCC is doing exactly that. Based on the ACCC’s infringement notices register, the ACCC has issued 27 infringement notices in the 2026 calendar year to date, compared with 20 in 2025 and 24 in 2024. With several months still to run, the 2026 figure is already ahead of each of the previous two full calendar years.

Recent enforcement action

Online bedding retailer Neptune Blanket is the most recent infringement notice recipient, with the ACCC issuing them three notices totalling $59,400 on 9 September 2026.1 Neptune Blanket received two notices over customer service emails regarding faulty sensory mats. The Commission alleged that Neptune Blanket incorrectly stated that:

• refunds were discretionary;
• restricted to store credit;
• conditional on unopened packaging; and
• subject to customer-funded return shipping.

The third notice penalised the business for excluding mandatory statutory wording from a defect warranty on its website.

Why infringement notices still matter

Large companies may be tempted to treat infringement notices as a lower-risk alternative to costly litigation. However, while payment does not constitute an admission of guilt or legal liability, it is still commercially significant. An adverse ACCC headline following an infringement notice can create immediate brand damage and public distrust.

The Neptune Blanket action demonstrates that ACCC scrutiny extends well beyond website terms and conditions to customer service emails, scripts, chatbots and other customer-facing communications. Voluntary store policies and commercial warranties must also comply with these statutory consumer guarantees.

What is an infringement notice?

An infringement notice is an administrative enforcement mechanism. It allows the ACCC, under section 134A of the Competition and Consumer Act, to issue fixed penalties where it has reasonable grounds to believe an entity has engaged in certain conduct. This includes false or misleading representations about products, services or pricing, unconscionable conduct, failure to comply with mandatory product safety standards or substantiation notices, and omission of mandatory statutory consumer guarantee wording from a warranty against defects.

Rather than commencing proceedings in the Federal Court, the Commission may issue fixed fines. The amount payable depends on the contravention and the entity involved. For many Australian Consumer Law contraventions, the current infringement notice penalty is $19,800 for a body corporate and $198,000 for a listed corporation.

Key takeaways

• Audit customer scripts, templates, and chatbots to ensure refund and repair representations comply with statutory consumer guarantees.
• Express voluntary change-of-mind policies to customers as clearly distinct from non-excludable statutory rights.
• Ensure all written warranties and terms of trade include the mandatory statutory guarantee wording required by law.
• Be careful: paying an infringement notice resolves immediate enforcement action but does not protect against private litigation or class actions.

If you need assistance reviewing your customer terms and communications, or responding to an ACCC infringement notice, please contact Addisons’ Competition/Antitrust & Consumer team.