Australian Consumer Law and common law ‘torts’ (of passing off) are the primary drivers for litigation that celebrities rely upon to protect their reputation and brand, and it's tested every day in court.
First, in speaking to Ray Meagher's representation they confirmed that the use of the image was in violation, particularly since the RMM experience itself is misleading, deceptive, and non-compliant. In taking to his legal team (where we provided details of the advert) they stated that given Meagher's status, and given he is already connected to brands through sponsored promotion, they take these issues seriously and always pursue legal action when the offender can be identified.
The ad itself has all the 'typical' attributes of a misleading experience, and the bank-end customer flow was as equally deceptive.
When will the industry start to take itself seriously? I feel terribly for brokers that are introduced to this group (a marketing agency should never ever introduce non-compliance into a broker operation or workflow).
