Question
The manager of Shoddy Bank Ltd, Jasmine Jones, has big plans to grow the credit card business of the bank. After researching customer accounts Ms
The manager of Shoddy Bank Ltd, Jasmine Jones, has big plans to grow the credit card business of the bank. After researching customer accounts Ms Jones sent out letters to 12,000 customers informing the them that their debit card was soon to expire. Enclosed with that letter was a replacement card. The letter to the customers explained in fine print that the debit card also has a credit feature. Thus, if the customers account falls below zero, they would be automatically extended credit of up to $1,000. The interest rate that would be charged if the customer accessed this credit feature was not disclosed. Some of the customers have now received their credit card statement and realised that the interest rate charged was more than they had anticipated when they switched to the replacement card. Advise the customers of the legality of the undisclosed interest rate imposed by Shoddy Bank Ltd. In your answer, consider the application of s. 12DL of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act).
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