Chapter 2 Conflict resolution: the consumer © Edco 2012 It’s the Business

What is a consumer? A consumer is anyone who buys goods and services for their own use When businesses buy goods with the intention of selling them on to others, they are not covered by this definition of a consumer. © Edco 2012 It’s the Business

Irish consumer legislation Sale of Goods and Supply of Services Act, 1980 Consumer Protection Act, 2007 © Edco 2012 It’s the Business

Sale of Goods and Supply of Services Act, 1980 Goods must be: Of merchantable quality Fit for intended purpose As described As per sample Services: Should be provided by skilled and qualified service providers. Providers must use proper care and attention. Materials used must be of merchantable quality. © Edco 2012 It’s the Business

Sale of Goods and Supply of Services Act, 1980 Rental, hire purchase or leasing agreements are covered by the Act. Second-hand goods sold by retailers are also covered by the terms of the Act. Retailer is responsible for all goods/services sold. Signs limiting consumer rights are illegal. Guarantees can offer extra protection to consumers, but cannot limit or remove statutory rights. Consumers are entitled to redress for faulty/damaged goods: refund, replacement or repair. © Edco 2012 It’s the Business

Consumer Protection Act, 2007 This Act sets out various rules that apply to: 1)Claims made about goods and services 2)Claims made about prices 3)Aggressive retail practices 4)Prohibited practices 5)Price controls 6)Codes of practice 7)Enforcement © Edco 2012 It’s the Business

Claims made about goods and services The provisions of the Consumer Protection Act apply to all types of communications that promote goods or services. It is illegal for an advertiser to make false or misleading claims about goods, services or prices. The withholding of material information is also considered to be a misleading practice. Claims about usage and prior history must be true and accurate. © Edco 2012 It’s the Business

Claims made about prices If a product or a special offer price is only available in a limited number of retail outlets, this must be clearly stated. If customer quotas apply this must also be clearly stated. The product being advertised at a reduced price should previously have been on sale at the same location and for a reasonable period of time. © Edco 2012 It’s the Business

Aggressive retail practices The Consumer Protection Act, 2007, prohibits aggressive practices by traders: Harrassment Coercion Exercising undue influence Threatening language Taking advantage of consumer misfortune Demanding payment for unsolicited goods Pyramid schemes © Edco 2012 It’s the Business

Functions of the National Consumer Agency (NCA) To promote and protect the interests and welfare of consumers. To enforce and encourage compliance with the relevant consumer law. To investigate suspected offences. To refer cases to the DPP. To advise government on consumer legislation issues. © Edco 2012 It’s the Business

Resolving disputes Disputes between consumers and retailers can be resolved through third parties: National Consumer Agency (legislative) Office of the Ombudsman (legislative) Financial Service Ombudsman (legislative) Consumer Association of Ireland (non-legislative) Trade associations (non-legislative) Small Claims Court (legislative) © Edco 2012 It’s the Business