Information for consumers about a refund arising from ASIC’s action against Malouf Group Enterprises Pty Ltd.
In June 2017, ASIC commenced civil proceedings in the Federal Court against Mr Jordan Malouf and Malouf Group Enterprises Pty (Malouf Group). In April 2018, the Federal Court found that the Malouf Group had engaged in misleading or deceptive conduct in inducing consumers to enter into contracts with it.
The Malouf Group entered into an Enforceable Undertaking (EU) with ASIC and the Australian Competition and Consumer Commission (ACCC) which requires Malouf Group to refund consumers who paid Malouf but who did not have any negative listings on their credit files when they entered into contracts with the Malouf Group during 2014 – 2015.
A copy of the media release and enforceable undertaking is available here.
The Malouf Group has recently sent letters and emails to affected customers about their entitlement to a refund from the Malouf Group. ASIC can confirm that any email or letter received from the Malouf Group about a refund provided as part of the Malouf Group’s EU with ASIC and the ACCC is genuine.
More information is available in response to some frequently asked questions below.
Frequently asked questions
(1) How much money will I get?
The refund you receive from the Malouf Group will depend upon how much you paid to the Malouf Group, and whether they have previously refunded any amount to you. Most people will receive a refund of $1,095, which was the normal fee charged by Malouf Group.
(2) When will I receive the money?
The Malouf Group is responsible for refunding the money to you. Any questions you have regarding receipt of the money should be directed to the email address contained in the letter or email you received from Malouf Group.
(3) I did not receive a letter or email from the Malouf Group. Am I entitled to a refund?
No. The Malouf Group is required to send a letter and an email to you if you are entitled to a refund. If you did not receive a letter or an email from the Malouf Group, you are not entitled to a refund.
(4) Why does the Malouf Group require me to provide photographic identification?
The Malouf Group needs to be able to confirm that the person that they are paying the refund to is the same person that is entitled to the refund.
(5) I don’t think I ever hired the Malouf Group. Why did I get this letter?
Malouf Group has traded under various business names including:
- Credit Clean Australia
- Credit Wash
- Credit Fix Australia
- Clean Your Credit.
(6) What did the Malouf Group do wrong?
The Federal Court found that the Malouf Group and its director Jordan Malouf breached the Australian Consumer Law during the period 1 January 2014 to 31 December 2015 by making false and misleading representations and by engaging in unconscionable conduct.
The Court found that the Malouf Group engaged in misleading or deceptive conduct in inducing consumers to enter in to contracts with it. That conduct involved:
- the making of false representations on websites operated by the Malouf Group as to its standing as a credit repair company;
- the display of false testimonials on the Malouf Group websites;
- the making of false representations as to the Malouf Group's ability to clean up a consumer's credit history; and
- the making of false representations in the Malouf Group's sales scripts about the work the Malouf Group had done for the consumer prior to the payment of the fee to Malouf Group.
(7) I am thinking about using another credit repair company. What should I be aware of?
Consumers who seek out credit repair services should be aware that there can be no guarantees that their credit history can be 'cleaned'. Consumers may request corrections to be made to their own credit file for free.
We recommend you visit ASIC's MoneySmart website for guidance and information on what you need to be aware of when dealing with credit repair companies.