Email templates about unfair contracts

Email templates about unfair contracts

It can be difficult to know how to go about making a complaint. So we’ve put together these templates you can use to help you stand up for your rights. Use these as a guide to complain about unfair contracts.

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The Fair Trading Act contains a list of terms the courts are likely to regard as unfair. The list includes terms that allow a company to unilaterally:

  • vary the terms of the contract
  • terminate the contract
  • renew or not renew the contract
  • penalise the consumer for breaching or ending the contract
  • vary the price without giving the consumer the right to end the contract
  • vary the characteristics of the goods or services to be supplied
  • determine whether a contract has been breached, or interpret its meaning.

How to complain to a company

Use this email or letter template to complain to a company about unfair terms in its standard-form consumer contract.

[Date]

[List unfair contract terms]

I wish to make a complaint about the standard-form consumer contract used by your company. A copy of the contract is enclosed.

I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.

I believe the above term(s):

  • cause a significant imbalance between the rights of your company and the consumer
  • is/are not reasonably necessary to protect the legitimate interests of your company
  • would cause detriment to myself and other consumers if applied or relied on.
  • In particular, the term(s) give your company the unilateral right to [describe].

I would like to request you review your contract. Please advise whether you intend to amend or remove the term(s).

I look forward to your reply.

Yours sincerely
[Name]

How to complain to the Commerce Commission

Use this email or letter template to complain to the Commerce Commission about unfair terms in a standard-form consumer contract.

[Date]

[List unfair contract terms]

I wish to make a complaint about the standard-form consumer contract used by [name of company]. A copy of the contract is enclosed.

I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.

I believe the above term(s):

  • cause a significant imbalance between the rights of the company and the consumer
  • is/are not reasonably necessary to protect the legitimate interests of the company
  • would cause detriment to the consumer if applied or relied on.
  • In particular, the term(s) give the company the unilateral right to [describe].

I would like to request the commission investigate this matter. If the company fails to amend the contract, I request the commission seeks a declaration from the court that the term(s) is/are unfair.

I look forward to your reply.

Yours sincerely
[Name]

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