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Aussie consumer group calls for better crypto regs due to ‘lagging laws’

Australian consumer group CHOICE outlined its crypto regulatory framework in a submission to the country’s Treasury calling for the new federal government to prioritize crypto in its financial services reforms.

Australian consumer advocacy group CHOICE has called on the federal government to provide better protection for crypto investors while submitting a proposed regulatory framework for cryptocurrency exchanges operating in the country.

The regulatory framework was submitted in response to the federal Treasury's consultation paper for “crypto asset secondary service providers” (CASSPs) defined as firms providing custodial crypto wallets and exchange services. CHOICE commented:

“As it stands, enforceable protections in the unregulated cryptocurrency market are somewhere between negligible and non-existent.”

Outlining four main areas in its framework, the group called for a single definition of crypto for better regulation, a license for exchanges in line with current financial licensing, and for them to be bound by consumer protection laws to prohibit things like misleading advertising.

Finally, CHOICE said crypto exchanges need to enact measures for preventing fraudulent payments and reimburse customers when they occur.

The Australian Securities and Investments Commission (ASIC), the chief financial services regulator in the country has previously warned that cryptocurrency is not recognized as a financial product. Commenting on the current regulations CHOICE’s senior policy adviser Patrick Veyret said:

“The crypto market is booming, but our laws are lagging behind, more and more Australians are purchasing crypto assets such as Bitcoin and Ethereum without adequate consumer protections.”

Veyret added that there are instances where “people have lost all of their savings with no ability to get their money back” citing the recent fall of TerraUSD (UST) as a “clear example of the extreme volatility in this unregulated market.”

According to an ongoing survey conducted by CHOICE, only around one in ten Australians purchased crypto such as Bitcoin (BTC) or Ethereum (ETH) in the past year, and 71% who signaled an interest in the crypto market didn’t purchase due to concerns of price volatility and scams.

CHOICE reported that a separate survey of 1,034 Australians conducted in March and April revealed over half of respondents didn’t know if trading crypto came with consumer protections like those which apply to the stock market. Around the same amount of people (50%) believed such consumer protections for crypto trading should be enacted.

Related: Australia’s plan to create a crypto competitive edge in 12 steps

As reported by Cointelegraph in August 2021, the first six months of that year saw investment scams in Australia cost investors more than $50 million with crypto scams netting bad actors over $25 million, more than half of the reported losses.

A more recent report in March by CHOICE found the main competition regulator the Australian Competition and Consumer Commission (ACCC) confirmed nearly 10,500 reports of cryptocurrency scams in 2021, with losses of around $92.6 million for the year.

The government is taking action on crypto despite the current lack of regulations, in March the ACCC took Meta to court for publishing scam celebrity crypto ads, and the ACCC has stated it wants to support the crypto industry but notes challenges with regulating such innovative technologies.

The country’s new leading party, the Labor Party, has faced criticism in the past for its lack of a cryptocurrency policy and Veyret called on the new government to make regulating crypto a top priority:

“The new federal government needs to rein in the unregulated crypto industry as one of its financial services reform priorities, Australians expect the same level of consumer protection and regulatory oversight for crypto assets as they do with other financial products.”

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Facebook Owner Meta Sued for Publishing Scam Crypto Ads by Australian Regulator

Facebook Owner Meta Sued for Publishing Scam Crypto Ads by Australian RegulatorThe Australian Competition and Consumer Commission has filed a lawsuit against Meta, formerly Facebook, for “publishing scam advertisements featuring prominent Australian public figures.” The regulator said, “The essence of our case is that Meta is responsible for these ads that it publishes on its platform.” Meta Sued for Publishing Cryptocurrency Scam Ads The Australian Competition […]

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Australian competition regulator takes Meta to court over fake crypto ads

The ACCC highlighted unapproved or endorsed “scam” ads featuring prominent Australian figures such as entrepreneur Dick Smith, TV host David Koch and former NSW premier Mike Baird in particular.

The Australian Competition and Consumer Commission (ACCC) is taking Meta Platforms, Inc. (formerly Facebook) to the Federal Court, alleging that the firm and its Irish branch engaged in “false, misleading or deceptive conduct” by publishing scam celebrity crypto ads.

Some users have lost hundreds of thousands of dollars to the sophisticated and long running scams tied to the ad.

The spotlight on Meta has heated up in Australia since the start of February, with Cointelegraph previously reporting that the ACCC was investigating the firm over allegedly fraudulent crypto ads. Aussie mining billionaire Andrew Forrest also took legal action against the company for hosting ads that allegedly used his name to defraud victims.

In an announcement posted earlier today, the ACCC asserted that Meta “aided and abetted or was knowingly concerned in false or misleading conduct and representations by the advertisers.”

The ACCC highlighted unapproved or endorsed “scam” ads featuring prominent Australian figures such as entrepreneur Dick Smith, TV host David Koch and former NSW premier Mike Baird.

The regulator stated that the ads contained dubious links which directed users off Facebook to a fake media article that featured quotes attributed to the public figure supposedly endorsing a “cryptocurrency or money-making scheme.”

“Users were then invited to sign up and were subsequently contacted by scammers who used high-pressure tactics, such as repeated phone calls, to convince users to deposit funds into the fake schemes,” the announcement read.

ACCC Chair Rod Sims didn’t mince his words as he asserted that, “Meta is responsible for these ads that it publishes on its platform” and that company the stood to gain financially by failing to remove them:

“It is a key part of Meta’s business to enable advertisers to target users who are most likely to click on the link in an ad to visit the ad’s landing page, using Facebook algorithms. Those visits to landing pages from ads generate substantial revenue for Facebook.”

“In one shocking instance, we are aware of a consumer who lost more than $650,000 due to one of these scams being falsely advertised as an investment opportunity on Facebook. This is disgraceful,” he added.

Related: Instagram is adding NFTs soon, says Mark Zuckerberg

The ACCC is arguing that the firm’s conduct has breached the Australian Consumer Law (ACL) or the Australian Securities and Investments Commission Act (ASIC Act), and is seeking “declarations, injunctions, penalties, costs and other orders.”

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Aussie competition watchdog investigating Meta over crypto scam ads

The news comes only one day after billionaire Andrew “Twiggy” Forrest announced he would be mounting legal action against the social media giant.

Australia's consumer and competition (ACCC) watchdog is investigating Facebook’s parent company Meta for a long running series of fraudulent cryptocurrency advertisements of the platform.

The news comes just a day after Cointelegraph reported that billionaire businessman Andrew “Twiggy” Forrest was pursuing criminal action against the social media giant for allegedly serving users crypto scam ads and fake articles which used his name and likeness.

Numerous other high profile celebrities from Hugh Jackman to Nicole Kidman have been fraudulently employed to draw users into investment scams.

The ACCC alleges that Meta allowed the crypto scammers to breach Australian consumer law, defrauding victims hundreds of thousands of dollars.

In Feb 3 comments to The Australian, ACCC chair Rod Sims said that although their investigation shares similarities with Forrest’s case, the “ACCC’s investigation is separate and concerns different questions of law.”

While Forrest’s case concerns potential breaches of Australia’s Commonwealth Criminal Code, the ACCC will be examining whether Meta has “raised concerns” under the Australia Consumer Law.

“Like Dr Forrest, we consider that Meta should be doing more to detect, prevent and remove false or misleading advertisements from the Facebook platform so that consumers are not misled and scammers are prevented from reaching potential victims.”

Forrest claims that by failing to take sufficient steps to eliminate the scam from being shared on its platform, Meta is not only in breach of Australia’s money-laundering laws, but also behaved in a “criminally reckless” manner.

He will initially bring his case to the West Australia Magistrates Court on March 28, with a committal hearing expected later in the year.

He also launched a simultaneous civil proceeding with the Superior Court of California last September, seeking injunctive relief. The case is still pending, with the date of the civil case yet to be set.

In 2020, the Australian Securities and Investments Commission (ASIC) issued a warning on fake celebrity-endorsed crypto ads, including Jackman, Kidman and even Waleed Aly.

Other celebrities including Elon Musk, Bill Gates and Richard Branson have also had their images stolen to front crypto scams.

Australian Facebook users have reported losing hundreds of thousands to the scam, including one alleged victim who told The Australian that they thought the scam was legitimate because it featured Forrest.

“Andrew Forrest is an icon for millions of Australians and you hold him in high regard, anything involving him you‘d think is legitimate because it’s coming out in public through Facebook,” they said.

Related: Aussie billionaire sues Facebook over crypto scams with AG's consent

In 2019, Forrest was among several Australian celebrities, including Kate Winslet, who were falsely quoted as giving testimony for a fraudulent cryptocurrency.

One version of the scam quoted the celebs in fake mainstream news articles advertising a fake Bitcoin investment platform.

As reported by Cointelegraph in Aug 2021, investment scams cost Australian investors more than $50.5 million in the first six months of 2021, with crypto scams contributing to more than 50% of the losses.

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Australians lost over $25 million to bogus crypto investments: Report

Bitcoin-related investment scams have already exceeded $18.5 million, an increase of 44% compared to the total losses of nearly $12.8 million in 2020.

Investment scams in Australia cost investors more than 70 million Australian dollars ($50.5 million) in the first six months of 2021, with crypto scams contributing to more than 50% of the losses, according to Scamwatch data

As reported by the Australian Competition and Consumer Commission (ACCC), Scamwatch data shows a 53.4% increase in investment scam-related reports, which is set to exceed $101 million by the end of this year.

Based on the 4,763 reports received in 2021 alone, ACCC deputy chair Delia Rickard stated that 2,240 of the complaints were related to cryptocurrency scams and mainly attributed to Bitcoin (BTC).

Rickard said that scammers lure investors into using fake trading platforms with celebrity endorsements that promise high profitability. While the trading platforms initially allow investors to withdraw some profits using other victims’ assets, the scammer eventually stops unwary investors to withdraw their investments. “Be wary of investment opportunities with low risk and high returns. If something sounds too good to be true, it probably is,” she added.

Bitcoin-related investment scams in Australia have already exceeded $18.5 million, a steep increase of 44% compared to the total losses of nearly $12.8 million in 2020.

Other types of scams plaguing Australian investors included Ponzi scams, imposter bond scams and romance baiting scams.

Related: Australian regulator issues warning about unlicensed crypto businesses

On Wednesday, the Australian Securities and Investments Commission (ASIC) asked Australian citizens to stop investing in cryptocurrency through unlicensed entities.

The regulator has advised investors to choose financial institutions that hold an Australian Financial Services license. As per the reports received from investors, the ASIC noted that most of the losses related to crypto investments were due to “excessive leverage, platform outages, or unfair liquidations.”

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Scammers Pick Bank Transfers Over Cryptocurrency, Australian Report Reveals

Scammers Pick Bank Transfers Over Cryptocurrency, Australian Report RevealsInvestment scams have been by far the most common type in Australia recently, a new report by the country’s consumer watchdog has revealed. And while a growing number of Australians fall victim to fraudulent schemes involving cryptocurrency, bank transfers remain the scammers’ favorite way to extract money. Australians Lose $670 Million to Scammers in a […]

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