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ASIC v Choosi Pty Ltd, in the matter of Choosi Pty Ltd (liability)

8 September 2026HighCourt decisions[2026] FCA 1196

The development

On 8 September 2026 the Federal Court found Choosi Pty Ltd liable for misleading consumers about its funeral and life insurance comparison service, in proceedings brought by ASIC. Justice Anderson found that Choosi's website, television advertisements, advertorials and Facebook advertisements conveyed that the service compared policies from a range of insurers, when in fact every policy compared came from a single insurer, with one limited exception over part of the relevant period.

The Court accepted ASIC's case that a reasonable consumer would understand the word range, as Choosi used it, to mean more than two insurers. Between 1 July 2019 and 30 November 2024, ASIC alleged that around 4,225 funeral insurance policies and 9,478 life insurance policies were sold through the service, with associated commissions the subject of dispute between the parties. All policies compared were distributed by Greenstone Financial Services Pty Ltd, a company associated with Choosi.

The judgment addresses liability only; the Court is yet to determine penalty and other relief, including any pecuniary penalty, adverse publicity orders or injunctions. Businesses operating comparison, aggregator or marketplace services that advertise breadth of choice should take the finding as a direct statement of how such claims will be assessed, particularly where a service in substance distributes products from a single supplier or a narrow panel.

The briefing

Regulator or source
Federal Court
Type
Case · Court decisions
Subject matter
Financial services & insurance
Jurisdiction
Cth
Published
8 September 2026
Submissions close
No deadline
Reference
[2026] FCA 1196
Priority
High

What it means for business

Comparison sites, aggregators and marketplaces that advertise the ability to compare a range of products may wish to audit current marketing claims, including website copy, television and social media advertising and advertorial content, against the actual panel of suppliers compared. Where a service only ever compares products issued by one supplier or a closely related group, claims using words such as range, choice or compare may warrant review before the Court determines penalty in this matter. Commission structures and distribution arrangements between the comparison service and underlying product issuers are also worth checking for consistency with current disclosure obligations.

Entry last reviewed 9 October 2026.

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