p--and--t
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Well I'm keen to hear evidence to contrary. The ACCC did investigate Qantas FF 15 years ago - and so much has changed since then - maybe its time they had another peek? At that time the ACCC found "insufficient evidence to establish a breach of the Trade Practices Act 1974" - but as I said, that was 15 years ago..... the very fact that ACCC did take the case up highlights that it is not exempt from any kind of warranty or guarantee with regard to its program.
I just really really doubt that when American Express, or whoever, signs up to buy points from Qantas, using real money, that they have collected from their customers, on behalf of their customers, that at no point does it ever get mentioned or discussed the actual utility of said points. That's the reason points don't expire, I would bet. Even if the consumer can't make a claim against the airline (and I am not 100% sure they couldn't), the bank certainly could.
There is a fine line between selling something that can never be used and a mere question of "subject to availability". At what point does it become a scam? The very reason that Qantas is even doing this "points club" thing points to the fact that this very issue has become a problem for them. If they truly are under no obligation whatsoever because of the "T&Cs", well then they should continue as they are! What a business model! The ability to sell an unlimited number of points, forever, with no obligation to ensure that the consumer can actually use them! As I mentioned earlier, when I was working on loyalty programs for a bank, this was discussed at great length by legal teams when drawing up the contracts with the airline and designing the products (credit cards) for the customer. I don't know what was actually ever agreed to, but it was certainly a "thing" that was important enough to be talked about....
Anyone want to start a class action with with me
I'm not a lawyer but think you are barking up the wrong tree.
You will note QF are very careful to never sell points to members unless they are engaged in a specific transaction where they are getting a benefit - AKA buying additional points to satisfy a PNR where there is a shortfall.
QF gives away points when you fly or do other things - there is no SALE of points.
QF sells points to banks etc - you would need to see the contract between them before you can make any judgement or assumption - the contract could specifically state they are selling points into a reward program with no guarantees.
The banks give away points as an incentive with no guarantees with regard to their usefulness. Banks do not sell points.
QF provides thousands of ways to use your points if you care to look at the "use your points page".
Some items such as premium cabin seats are subject to limited availability which are YOUR specific area of angst but the whole program arrangement is nowhere near any form of illegality.
Folks are delusional if they think the QFF program is some form of community self help charity created for the members. It is a specific program created by the airline to provide rewards which some people may find useful and increasingly to create revenue to help the Airline's bottom line.
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