The Australian Competition and Consumer Commission (ACCC) has instituted legal proceedings against a pop up retailer, alleging it made false or misleading representations and engaged in misleading or deceptive and unconscionable conduct when selling photography products.

Lifestyle Photographers Pty Ltd, trading as Expression Sessions, operated pop up stores and kiosks in shopping centres in all states and territories in Australia between 2012 and 2014. The company sells photography packages, which can include photographic prints, canvases, glass tiles, and key rings.

“The conduct of concern allegedly targeted some of the most vulnerable groups in the Australian community, including customers who were in considerable financial distress or who had a limited capacity to understand commercial contracts,” ACCC Commissioner, Sarah Court, said.

The ACCC alleges that Expression Sessions offered prospective customers a free photo shoot or free photographs, with the understanding that customers would be able to receive photographs of their children at no cost and without entering into a contract.

It is alleged that these representations were false or misleading because customers were not able to receive free photographs, and customers were required to enter into a contract with Expression Sessions to purchase photographs.

It is also alleged that these representations induced customers to participate in a photo shoot, and that Expression Sessions failed to clearly advise its customers of the total price of their photographic products at the time of entering into the contract.

“It is important that businesses are upfront with consumers and clearly explain the price of the goods and services they are offering. Consumers need to be able to fully understand what they are agreeing to before making a decision to enter into a contract,” Court said.

“The ACCC is currently prioritising consumer protection issues impacting on vulnerable and disadvantaged consumers, with a particular focus on Indigenous consumers.

“Expression Sessions’ customers were in many cases Aboriginal or Torres Strait Islander or were financially disadvantaged. The ACCC claims that the sales method used by Expression Sessions, as well as the use of unfair tactics and undue pressure and the failure to provide clear and accurate information about its contractual terms, was unconscionable.”