The webinar was slick. The “coach” showed screenshots of six-figure months, said the price was going up at midnight, and the payment link was right there. You paid $5,000, $12,000, $25,000, maybe on a payment plan you’re still servicing. What you got was a Facebook group, some pre-recorded videos, a “success coach” who’s a 22-year-old on commission, and a “no refunds under any circumstances” clause you’re now being reminded of every time you ask.
The clause is not the last word. Australian Consumer Law was written for exactly this.
Your rights
- Misleading or deceptive conduct (s 18 ACL) and false representations (s 29). Income claims that aren’t typical, “guaranteed results”, claims about the coach’s own results that aren’t true, or representations about what the program includes (1:1 calls, done-for-you services, “lifetime access”) that weren’t delivered are all actionable. The ACCC has taken repeated action against business opportunity and coaching promoters over income claims.
- Consumer guarantees (ss 60–62 ACL). Coaching is a service. It must be delivered with due care and skill, be fit for the purpose you made known, and match its description. If it isn’t, and the failure is major (you wouldn’t have bought it had you known), you can terminate and get a refund under s 267.
- Unfair contract terms (ss 23–28 ACL). “No refunds under any circumstances”, “you agree the program has been fully delivered on payment”, and terms that let the promoter change or cancel the program while you keep paying are textbook unfair terms in a standard-form consumer contract, and since November 2023 attract penalties.
- Unsolicited consumer agreements (ss 69–95 ACL). If the sale followed an unsolicited phone call or approach (a “strategy session” you were cold-contacted for, for example), a 10-business-day cooling-off period applies and the agreement must meet strict content requirements. Non-compliant agreements can be void.
- Payment plans. If it’s through a third-party financier, you have rights against them too, and you can dispute continuing debits. If it’s on a card, chargeback rights apply for services not provided.
What to do right now
- Save the pitch. The webinar recording or replay, the sales page (use the Wayback Machine if it’s changed), the DMs, the “strategy call” notes, testimonials, and every claim about what you’d get and what you’d earn. Promoters delete and edit; screenshot now.
- Write down what was actually delivered. Module by module. Calls promised versus held. Named deliverables that never appeared.
- Send written notice terminating for major failure. “I terminate this agreement under s 267 of the Australian Consumer Law for major failure to comply with the consumer guarantees, and for misleading conduct in the sale. I require a full refund of $X within 14 days and immediate cessation of all further debits.” Keep it factual.
- Stop the debits. Card: ask your bank to block the merchant. Direct debit: cancel the authority at your bank. Financier: notify them in writing that the underlying service is disputed.
- Send a Letter of Demand. A formal letter with the specific representations, the sections of the ACL, the delivery gap, the amount, and a deadline before an ACCC report, fair trading complaint and tribunal filing. Coaching businesses are extremely sensitive to ACCC and fair trading attention because their model depends on it not arriving.
- Chargeback within 120 days for services not provided or not as described.
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The lines they use
- “It’s a business purchase, so the ACL doesn’t apply.” Wrong. The ACL protects purchases up to $100,000 regardless of whether you’re a business, and the unfair terms regime covers small business contracts.
- “You didn’t do the work.” Your effort isn’t the issue if the program didn’t deliver what was promised. And if they made income guarantees, those were misleading whatever you did.
- “You signed the terms.” You can’t sign away ACL guarantees (s 64) and unfair terms are void regardless of signature.
- “We’ll give you a credit toward our next program.” No.
Payment plans and “your contract is with the financier”
Many coaching programs are sold on a payment plan through a third party (a buy-now-pay-later provider or a specialist education financier). The promoter then says the refund is “between you and the financier”, and the financier says it “just provides the loan”. Neither is the full picture. If the financier is linked to the promoter (the promoter arranged it, it’s the only option offered, or they share commission), the financier can be liable for the promoter’s misrepresentations under the linked credit provisions of the ACL (s 278) and the National Consumer Credit Protection Act 2009. Write to the financier setting out the dispute, ask them to pause collection while it’s resolved, and complain to AFCA if they refuse; most financiers are AFCA members. Don’t just stop paying without notice, because a default listing hurts you more than them. And if it’s a BNPL account, use the provider’s dispute process; they’ll usually freeze the account and go back to the merchant.
Who to complain to
The ACCC (report online; they build cases from patterns). Your state fair trading body for conciliation. ASIC if the “coaching” involved investment or financial advice. Your bank for a chargeback and AFCA if the bank or financier refuses. Your state civil tribunal for the refund; most coaching packages fall well within tribunal limits.
Start your claim — $49
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What happens when you send a Consumer Guarantee Letter
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Consumer Guarantee Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Consumer Guarantee Letter from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=consumer-guarantee. Claim Done is not a law firm and does not give legal advice.
How much does a Consumer Guarantee Letter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Consumer Guarantee Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Consumer Guarantee Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.