Ann: Litigation Update, page-5

I would be extremely surprised for an action to be launched with no basis. My understanding is that actual loss or damage is irrelevant in a misleading and deceptive conduct case (ie even if the consumer did not proceed to be misled or deceived for any reason it doesnt nullify the case), so while helpful to know that ACO will be vigorously defending, they havent actually put their defence forward in the announcement (and nor would I expect them to ).