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Basketball promoter offers refunds over Boomers v Team USA advertising

The promoter of two basketball matches between Australia and the United States has paid refunds to customers who purchased tickets after using images of players who were not playing in promotional materials.

The Australian Competition and Consumer Commission (ACCC) released a statement saying it was "aware of refunds being made to consumers for the USA Basketball games … in Melbourne and Sydney on 22, 24 and 26 August".

In its original promotion of the matches, TEG Live used images of stars Steph Curry and LeBron James.

A tweet marketing a pre-sale of tickets in August 2018 billed the match as "the biggest game Australia has ever seen" and said there would be "the greatest names in basketball history" while including footage of NBA Stars Kevin Durant and James Harden in a promotional video.

Team USA has seen several high-profile withdrawals since announcing a 20-player World Cup squad in June, including Harden, Damian Lillard, Kevin Love, CJ McCollum, Bradley Beal, Anthony Davis, Eric Gordon and Andre Drummond.

The American side still boasts two All-Stars and several NBA starters, including Boston's Jayson Tatum and Kemba Walker and Utah guard Donovan Mitchell, but it has been dubbed the "worst USA team ever" and the "USA D team" by critics.

Australian star Ben Simmons and his Philadelphia 76ers teammate Jonah Bolden have also withdrawn in recent weeks, but the Boomers have retained plenty of top NBA stars, including Andrew Bogut, Paddy Mills, Joe Ingles, Aron Baynes and Matthew Dellavedova.

Complaints by fans sparked the ACCC investigation, while a Change.org petition drew more than 2,700 signatures.

It remains unclear under what circumstances a refund would be issued.

In a statement, the ACCC said it has not formed a view regarding the conduct and would continue to discuss the matter with the relevant parties.

The consumer watchdog said it had previously warned that under Australian consumer law companies must not make false or misleading representations, including when advertising events.

The ACCC said ticketholders seeking a refund should contact the promoter or their ticketing agency.

The ABC has approached TEG Live for comment.

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