Spotting Misleading Advertising in the NDIS Market: What You Need to Know

Have you ever come across an ad targeting NDIS participants that just didn’t feel right? Misleading advertising can happen in any industry, and the NDIS marketplace is no exception. For participants new to the NDIS, navigating this world can be overwhelming. With so much to learn in a short time, it’s easy to be misled by deceptive claims from providers offering supports or services.

The Australian Competition and Consumer Commission (ACCC) recently announced they are putting NDIS providers on notice for misleading advertising. These deceptive practices can be harmful, often leading to financial and emotional stress for participants.

Why Misleading Advertising is Harmful

Every NDIS participant is unique, with individual needs and circumstances. What works for one participant may not be appropriate for another. With the introduction of the "In" and "Out" Lists, it’s crucial to understand that simply being on the "In" List doesn’t make a support automatically accessible to everyone. All NDIS-funded supports must directly relate to the participant’s disability needs.

This complexity creates opportunities for some providers to mislead participants through their advertising. Let’s look at some common examples of false or deceptive claims and why they’re problematic.

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Examples of Misleading Claims

1. "NDIS Approved" Products or Services

Why is this problematic?

The NDIS does not pre-approve products or services for all participants. What is approved depends on an individual’s specific needs and circumstances. Claiming something is "NDIS approved" is misleading and oversimplifies the process.

2. Advertising “All-Inclusive” Holidays Covered by NDIS

Why is this problematic?

NDIS funding cannot be used to pay for holidays. This kind of advertising gives participants a false impression of what their funding can cover.

3. Meal Delivery Services Promising Full Coverage with NDIS funding

Why is this problematic?

While the NDIS can cover the cost of meal preparation and delivery, it does not cover the cost of the meals themselves. Even then, this support isn’t available to all participants.

4. Using NDIS Codes for Recreational Activities (e.g., Movies, Theme Parks)

Why is this problematic?

Everyday activities like these are not covered by NDIS funding. Misleading participants into thinking they are puts them at risk of having to repay funds or facing stricter controls on how they manage their plans.

5. Using the NDIS Logo or Name in Business Titles

Why is this problematic?

The NDIS does not endorse or affiliate with any providers. While some providers may be NDIS Registered, using the logo or name in a business title creates the false impression of official endorsement.

6. The misuse of the "I heart the NDIS" logo

Why is this problematic?

The "I heart the NDIS" logo is only reserved for providers who are NDIS registered with the NDIS Quality and Safeguards Commission. The use of this logo against services and supports of providers who are not registered, trying to indicate their products or services are funding through the NDIS is misleading and could lead to participants engaging with services that are not covered by their plan.

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Protecting Yourself from Misleading Claims

Here are steps you can take to ensure you’re engaging with reputable providers:

1. Do Your Research

Does the provider have a website or contact number? Reach out to them directly to ask about their services.

2. Check Their Registration

If they display the NDIS Registered Provider or the "I heart the NDIS" logo, verify their status on the NDIS Provider Finder page.

3. Watch for Red Flags

Be cautious if the provider makes any of the misleading claims listed above. Alarm bells should be ringing if you spot these!

4. Seek Guidance

If you’re Plan Managed, consult your plan manager before committing to a new provider. Their expertise can save you from unnecessary stress later.

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Reporting Misleading Advertising

If you or someone you trust believes a provider has made false or misleading claims about their services or your consumer rights, report it to the ACCC. Visit their Contact Us or Report an Issue page to take action. The success of the NDIS relies on quality providers!

You can also report the unlawful use of the NDIS trademark logo by providers directly to the NDIA via the email, marketing@ndis.gov.au. Be sure to include screen shots of examples of where the provider has used the NDIS logo. 

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Why This Matters

Being informed and asking questions can protect you from unnecessary financial and mental stress. Misleading advertising can result in significant personal debt if supports or services aren’t claimable through your plan. Remember, you don’t have to navigate this alone—lean on trusted supports, including your plan manager, for advice.

By staying vigilant and informed, you can safeguard your plan and focus on what matters most to you!