Thorn settles class action
Consumer finance company Thorn Group will pay A$25 million to settle a class action over a claim that its "Rent Try $1 Buy" promotion was misleading and deceptive.Thorn announced yesterday that in a "full and final" settlement, it and its subsidiary Thorn Australia Pty Ltd would make the payment to the representative applicant, Casey Simpson, on behalf of the class. The company's insurer will also make a contribution to the settlement.Simpson's solicitor Maurice Blackburn took the case to the Federal Court in March 2017, alleging that: "By its advertising and promotion Thorn represented to Simpson and group members that they could rent specific goods, try those goods and then buy those same goods for $1 at the end of the rental period."Contrary to the representation, Simpson did not have any right to buy and own the goods she was 'renting' and 'trying' for $1."Thorn said in its statement that the settlement does not involve any admission of liability.The settlement is the latest in a series of payouts by Thorn to in response to issues with its business practices.In January last year, Thorn Australia agreed to refund or write off $6.1 million of default fees and charges relating to 60,000 leases, after its was found to have contravened responsible lending rules.The company also agreed to refund $13.8 million of excess lease payments.ASIC said that between 2012 and 2015 Thorn had a flawed credit assessment process in place. It failed to make reasonable inquiries about each consumer's financial situation and failed to take reasonable steps to verify each customer's financial situation.In May last year the Federal Court ordered Thorn to pay a $2 million fine.