ACCC appeals dismissal of case against mail order company Magnamail

The ACCC has filed an appeal against the Federal Court’s decision in July 2026, to dismiss the ACCC’s allegations that Magnamail Pty Ltd (Magnamail) made false or misleading representations to consumers in its mail order catalogue promotions. Between May 2022 and July 2023, Magnamail sent promotional materials such as letters, envelopes, catalogues and scratch cards to hundreds of thousands of consumers in connection with 12 ‘pre-draw’ prize promotions. The Court last month dismissed the ACCC’s allegations that Magnamail had made false or misleading statements in connection with those promotions. The Court also dismissed the ACCC’s case against Magnamail’s parent company, Direct Group Pty Ltd. The ACCC is not appealing this aspect of the decision. The appeal will be heard on a date to be fixed by the Court. Magnamail is a direct mail order catalogue business that operated in Australia and New Zealand. Magnamail sold a range of merchandise through catalogues distributed to the public. Magnamail’s catalogues generally included a promotion that consumers could participate in if they made a purchase from the catalogue. Magnamail stopped running pre-draw promotions in 2023, during th...