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ASIC Warns Against Risky Car Loans and High-Interest Traps

by Chief Editor June 23, 2026
written by Chief Editor

Australian car loan borrowers face increased financial risk due to high interest rates, opaque fee structures, and aggressive sales tactics, according to a recent report by the Australian Securities and Investments Commission (ASIC). The regulator’s investigation into eight major lenders revealed that some borrowers are left with significant debt even after their vehicles are repossessed, with specific lenders charging median interest rates as high as 22 per cent.

Why are car loan fees under scrutiny?

ASIC commissioner Alan Kirkland has described some fees charged by car finance providers as “outrageous,” warning that they can push already struggling consumers into severe financial distress. The investigation identified that establishment fees and “provider fees” can form a substantial portion of the total loan cost. For instance, one Queensland customer was charged over $9,000 in fees on a loan of approximately $49,000. Financial counsellors, such as Alex Price-Busch of the Indigenous Consumer Assistance Network, have questioned the legitimacy of these “provider” fees, suggesting they may be charged for services that provide no tangible benefit to the borrower.

Pro Tip: Before signing any finance contract, ask the broker to provide a full breakdown of all fees, including “provider,” “distributor,” and “establishment” costs. If a fee is not clearly explained, request a written justification.

How do interest rates compare across lenders?

The cost of borrowing varies significantly depending on the lender, with ASIC data highlighting a wide gap between market participants. Rapid Loans recorded the highest median interest rate at 22 per cent, followed by Latitude at 14 per cent and Pepper Money at 13 per cent. In contrast, Toyota Finance maintained a lower median rate of 10 per cent. While lenders argue these rates reflect the risk profile of their customers, the high default rates—particularly at Rapid Loans, where over 64 per cent of loans experienced at least one default—suggest that many borrowers may be struggling to meet repayment schedules from the outset.

How do interest rates compare across lenders?

What are the risks of ‘Guaranteed Future Value’ loans?

Regulators are concerned that some lenders are using high-pressure sales tactics to push specific loan products onto customers regardless of their suitability. ASIC found that Toyota Finance and Australian Alliance Automotive Finance trained dealership staff to promote “Guaranteed Future Value” (GFV) loans to “every single eligible car” buyer. These loans often come with usage restrictions and conditions that may not align with the needs of every driver. Following the ASIC report, these lenders have committed to reviewing their sales targets and staff training programs to ensure better compliance with responsible lending obligations.

What are the risks of 'Guaranteed Future Value' loans?

What happens when a car is repossessed?

When borrowers fail to keep up with repayments, the resulting repossession can leave them in a worse financial position than before they took out the loan. ASIC examined 267 repossessed vehicle cases and found that many borrowers owed more than the original loan amount after the car was sold. This “negative equity” often occurs when the vehicle is over-valued at the time of purchase or when massive fees are bundled into the loan principal. In one documented case, a Northern Territory resident was left owing 107 per cent of her original $34,455 loan after her vehicle was repossessed just six months into the term.

ASIC looks into allegations of dodgy sales tactics for car loans | 9 News Australia
Did you know? Borrowers who are struggling to make repayments can request a “hardship variation” from their lender. This allows for a temporary change to the loan contract, such as pausing payments or extending the loan term, to help the borrower avoid default.

Frequently Asked Questions

  • What is a provider fee? It is an additional cost charged by some lenders on top of standard establishment fees. Financial counsellors have flagged these as potentially unnecessary costs.
  • Can I challenge a high-pressure loan sale? Yes. If you feel you were pressured into a loan you could not afford, you can contact the Australian Financial Complaints Authority (AFCA) to lodge a dispute.
  • What should I do if I cannot make my car payment? Contact your lender immediately to request a hardship arrangement. If they refuse, seek free advice from a professional financial counsellor.

Are you struggling with a car finance dispute? You can reach out to local financial counselling services or contact the Australian Financial Complaints Authority for guidance on your rights.

June 23, 2026 0 comments
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News

Coles found to have misled shoppers on discounted items in bombshell Federal Court case

by Rachel Morgan News Editor May 14, 2026
written by Rachel Morgan News Editor

A Federal Court judge has ruled that supermarket giant Coles broke consumer law by misleading shoppers with fake discount prices. The decision follows a legal challenge by the Australian Competition and Consumer Commission (ACCC) regarding the retailer’s prominent “Down Down” promotional campaign.

Justice Michael O’Bryan found that in 13 of the 14 pricing tickets submitted to the court, the discounts offered were not genuine. The judge concluded that these tickets would have misled an ordinary consumer because the products were not sold at the stated “was” price for a reasonable period.

The ‘Down Down’ Deception

The ACCC’s case focused on 245 common household items, including yoghurt, dog food, and paper towels, priced under the “Down Down” promotion between February 2022 and May 2023. The watchdog alleged that Coles misled customers by increasing the price of items for a short window before applying a discount.

Justice O’Bryan noted that Coles’ own internal policies in January 2022 required a product to be sold at a price for 12 weeks before it could be featured in a “Down Down” promotion. The court found that any period shorter than 12 weeks would not be considered reasonable by shoppers.

Evidence presented in court revealed a “race to the bottom” between Coles and its rival, Woolworths, regarding the shortest possible time to establish a higher price before discounting. Coles had shortened its establishment period to four weeks under internal policies known as “guardrails.”

Did You Know? In the evidence submitted to the court, 13 out of 14 pricing tickets were found to be misleading because the products had not been sold at the “was” price for a reasonable period.

Coles’ Defense and Legal Fallout

Coles defended its practices, rejecting the claim that discounts were fake. A spokesperson stated that price increases were commercially justifiable as they resulted from supplier cost increases during a period of high inflation.

Coles' Defense and Legal Fallout
Allan Fels

Despite this defense, ACCC Chair Gina Cass-Gottlieb stated the case was brought in the public interest to help customers identify genuine value for money. Former chairman Allan Fels described the ruling as a “huge blow to Coles,” suggesting the company may face substantial fines and reputational loss.

The ruling has also triggered a class action lawsuit. Gerard Malouf, chairperson of GMP Law, stated the judgment is a vindication for Australians and that the lawsuit may result in refunds for group members who purchased the affected products.

Expert Insight: This ruling exposes the risks retailers face when internal “guardrails” conflict with consumer expectations of fairness. By prioritizing a competitive “race to the bottom” on pricing windows, the retailer created a legal vulnerability that now risks significant financial penalties and a loss of consumer trust.

Future Implications and Pending Rulings

The legal consequences for Coles are not yet finalized, as Justice O’Bryan will make orders regarding penalties at a later date. The consumer group CHOICE has called for the federal government to consider further reforms to ensure pricing remains transparent.

Future Implications and Pending Rulings
Federal Court Down

The industry is now awaiting a separate decision. Justice O’Bryan is also presiding over a similar case against Woolworths, with that judgment reserved for a later date. Allan Fels suggested that the outcome for Woolworths is likely to be similarly unfavorable.

One exception was noted in the Coles ruling: the court found the company did not mislead shoppers regarding Nature’s Gift dog food, as the “Down Down” ticket for that specific product did not include a previous “was” price.

Frequently Asked Questions

What was the primary issue with the “Down Down” promotions?
The court found that Coles misled shoppers by promoting discounts that were not genuine, as products were not sold at the higher “was” price for a reasonable period (at least 12 weeks) before being discounted.

Frequently Asked Questions
Federal Court Bryan

Which products were involved in the ACCC case?
The case involved 245 common household items, with specific examples including yoghurt, paper towels, and dog food.

What happens next for Coles and Woolworths?
Justice O’Bryan will determine penalties for Coles at a later date. He is also expected to rule on a similar case involving Woolworths later this year.

Do you think stricter government regulations are needed to ensure supermarket discounts are genuine?

May 14, 2026 0 comments
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