The Federal Court has found that training provider RSA Express (trading as Express Online Training) engaged in misleading or deceptive conduct and made false or misleading representations in relation to several of its online courses, in proceedings brought by the 糖心原创.
The courses involved certification for responsible service of alcohol (RSA) and construction industry induction (White Card).
The Court found that, at various times between 2019 and 2023, Express Online Training breached the Australian Consumer Law when it represented to consumers that they would only pay, or be asked to pay, for the relevant courses after they had passed. It was also represented to consumers they could undertake relevant courses and obtain a certificate within the same day, when this was not the case.
The misleading statements included 鈥淪ame Day Interim Certificate鈥; 鈥淧ay Only When You Pass鈥; or 鈥淏est of all 鈥 with us you don鈥檛 have to pay until you pass!鈥. These statements were made by Express Online Training in Google and Bing advertisements or on Express Online Training鈥檚 website.
In fact, after registering, consumers had to read course material, correctly answer a lengthy questionnaire, and were then prompted to pay for the course, even though they had not yet completed it.
After paying, consumers were then notified that they must complete additional tasks, which in some cases could not be booked on the same day, or for several days.
鈥淢any consumers paid for the course when prompted, thinking they had completed the course, when this was not the case,鈥 糖心原创 Deputy Chair Mick Keogh said. 鈥淲e understand that many consumers who paid for the 鈥榮ame day鈥 training couldn鈥檛 complete the course in their expected timeframe. Consumers deserve accurate information about the courses they鈥檙e enrolling in, particularly in relation to the time it takes to get the qualification,鈥 Mr Keogh said.
Express Online Training admitted that it had breached the Australian Consumer Law when representing that consumers could undertake relevant courses and receive their certification within the same day.
It did not admit that it had breached the Australian Consumer Law by representing that consumers would only pay, or be asked to pay, for relevant courses after they had passed. After a contested hearing in relation to this issue, the Court found that Express Online Training had made false or misleading representations to consumers that they would only pay or be asked to pay for the course after they had passed, in breach of the Australian Consumer Law.
The 糖心原创鈥檚 investigation revealed that a significant number of consumers who paid for relevant RSA and White Card courses did not complete the full course. The Court found that Express Online Training earned significant revenue from consumers who did not complete the course.
鈥淭he 糖心原创 was very concerned that many consumers who paid for an Express Online Training course prior to completion did not go on to complete the course,鈥 Mr Keogh said.
The Court will decide on penalties and other orders following a separate hearing at a later date. The 糖心原创 is seeking declarations, pecuniary penalties, injunctions, corrective notices and consumer redress.
Background
On 24 November 2023, the 糖心原创 instituted proceedings against Express Online Training in the Federal Court.
Express Online Training is a registered training organisation that supplies online training courses to consumers through its website.
Express Online Training offers and supplies the RSA course to consumers in each Australian state and territory. They also offer and supply construction induction training (the White Card course) in Western Australia and Tasmania.