For four consecutive months in the first half of last year, Android Enjoyed was the most-complained about company on the NSW Fair Trading list, with CameraSky not far behind.
Across April and May of 2018, the pair occupied the top two spots on the list, racking up a combined 112 complaints in April, and another 108 in May. No other company reached 30 total complaints in either of these months.
“The case demonstrates that Fair Trading will continue to work to ensure that all retailers that take advantage of Australian consumers are subject to appropriate enforcement action,” Ms Webb said.
The parent company, Digital Marketing and Solutions, and its director Yuen Ho Wong were found by the Supreme Court to have contravened the Australian Consumer Law (NSW) on numerous occasions.
The company has been fined $2.25 million and Mr Wong an additional $900,000. He has also been disqualified from being a director for two years.
Steven Fernandez was one disgruntled customer, purchasing a Sony Xperia XA1 which arrived with a non-responsive screen and the wrong charger.
“When I was trying to send text messages, some of the left-hand keys weren’t responding. I tried to call them, but they kept saying they were busy,” Mr Fernandez said. After emails were also ignored, he went to the Department of Fair Trading.
“After talking to Fair Trading, it only took a few days for the company to get back to me,” he said. “I assumed I’d get a refund or a replacement – but they weren’t willing to do that. They’d only repair the phone.”
Mr Fernandez sent the phone back, only to wait more than a month for it to be shipped back to him. In that time, he bought a new phone from another retailer.
Despite an unsatisfactory conclusion to his own dealing with Android Enjoyed, Mr Fernandez said Thursday’s ruling “made him feel a bit better”.
“I’m just happy the department has been able to stop them from trading,” he said.
Minister for Better Regulation and Innovation Kevin Anderson said the ruling “sends a strong message to anyone who wants to take advantage of consumers”. “You will be found out, and you will be punished,” he said.
“The sanctions the court has imposed are particularly significant given the challenges of dealing with internet-based traders who have a limited physical presence in Australia.”
Matt Bungard is a journalist at The Sydney Morning Herald.