Chapter 12 Protecting the Consumer Notes PDF

A **consumer** is someone who buys goods and services [for their own use.] **Goods** are something that you buy that you can touch or see, e.g., clothes, phones, etc. **Services** are something that you pay to have done for you, e.g., a car wash, soccer training etc. Consumer Responsibilities ===...

A **consumer** is someone who buys goods and services [for their own use.] **Goods** are something that you buy that you can touch or see, e.g., clothes, phones, etc. **Services** are something that you pay to have done for you, e.g., a car wash, soccer training etc. Consumer Responsibilities ========================= A **responsibility** is being accountable for your actions. - **Being an informed consumer** -- Know your rights and responsibilities under the consumer acts, the redress you are entitled to if your rights are withheld and how to make a complaint if the retailer is denying you the redress. - **Consumer agencies** -- consumers should be aware of the agencies that can help them in different situations. - **Pay the agreed price** -- Some products or services are bought on credit; the consumer is responsible for paying the full amount on time as agreed. - **Ethical consumption** -- consumers should be aware of how their purchase impacts other people and the environment and to do their best to purchase ethical and sustainable goods and services. - **Avoid impulse buying** -- this means buying an item on the spur of the moment without considering the consequences. This can lead to the consumer being short cash for things they need or the creation of additional waste if you buy something you don't actually need. - **Avoid false economies** -- this means buying a good or service that appears to be good value but turns out to be more expensive in the long run. E.g., Buying a €10 charger that you have to replace every few months instead of buying a quality €40 charger that lasts for years. - **Protect yourself online** -- - - - - Consumer Rights =============== The Sale of Goods and Supply of Services Act 1980 ------------------------------------------------- This law protects the consumer when buying goods or service from a shop. **Provisions for Goods** **Explanation** **Example** ---------------------------------------- ---------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- Goods must be of merchantable quality. Goods must be of a reasonable standard regarding their [quality and durability given the price] paid for them. A €100 pair of trainers worn day-to-day would be expected to last longer than a pair costing €10. Goods must be fit for purpose. Goods should do what they are [intended] to do. A kettle should boil water safely. Goods must be as described. Goods should [match any description] used in advertising, shown on the label or given by a salesperson. A toy should match the picture on the packaging. Goods must conform to the sample. Goods should [match any sample] used to sell the good from a book of samples or a showroom. A consumer choosing a carpet from a book of samples should get the exact carpet chosen. **Provisions for Services** **Explanation** **Example** ------------------------------------------------------------------------ -------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------- The supplier has the necessary skill to provide the service. The service provider should have the [qualifications necessary] to provide the service. An accountant should be qualified so that they can properly do the tax returns for a business. The supplier will provide the service with proper care and diligence. Every effort should be made to ensure the service delivery is of [good quality.] If a car is left at a garage for a full service but the garage fails to change the oil, this is not acceptable. The materials used and goods supplied will be of merchantable quality. All [materials] must be of good quality and fit for purpose taking into account their [price and durability] If a photo is included with a €10 rollercoaster ride, the resolution of the photo should be of a reasonable quality. **Redress** -- is the remedy the consumer is entitled to if there has been a breach of the Act. 1. **Refund** -- the consumer returns the faulty good and [receives their money back]. 2. **Replacement** -- the retailer [substitutes the faulty item for a new] version of the same or similar item. 3. **Repair** -- the retailer arranges to have the [item fixed]. Consumer Protection Act 2007 ---------------------------- This act sets out to protect consumers by banning any practices that are false, misleading or aggressive. - **Labels** -- Information about products or services should not be false or mislead the consumer in any way. Information must be accurate and comply to labelling laws. - **Prices** -- Information about prices should not be false or mislead the consumer. Prices must also be stated clearly and inclusive of any extras, e.g., VAT. - **Sellers** -- Sellers cannot make false or misleading claims about their goods/services. They cannot put pressure on the consumer to buy. - **Advertisements** -- Advertisements cannot mislead consumers or contain false information. This covers all advertisements such as TV, print media and online. Consumer Rights Act 2022 ------------------------ This law protects consumers when buying from other EU countries. - - Making a Complaint ------------------ 1. 2. a. b. c. d. 3. Sample Formal Complaints ------------------------ 1. +-----------------+-----------------+-----------------+-----------------+ | | | | Address of | | | | | Sender | +-----------------+-----------------+-----------------+-----------------+ | | | | Date of letter | +-----------------+-----------------+-----------------+-----------------+ | Address of | | | | | receiver | | | | +-----------------+-----------------+-----------------+-----------------+ | RE: Subject of | | | | | letter | | | | +-----------------+-----------------+-----------------+-----------------+ | Dear Sir/Madam, | | | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | - Details of | | | | | the | | | | | problem. | | | | +-----------------+-----------------+-----------------+-----------------+ | - Act that | | | | | has been | | | | | broken. | | | | +-----------------+-----------------+-----------------+-----------------+ | - Part of the | | | | | act that | | | | | was broken. | | | | +-----------------+-----------------+-----------------+-----------------+ | - The redress | | | | | you want. | | | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | Yours | | | | | sincerely, | | | | +-----------------+-----------------+-----------------+-----------------+ | Signed name | | | | +-----------------+-----------------+-----------------+-----------------+ | Typed name | | | | +-----------------+-----------------+-----------------+-----------------+ 2. +-----------------+-----------------+-----------------+-----------------+ | To: | Receiver email | | | | | address | | | +=================+=================+=================+=================+ | From: | Sender email | | | | | address | | | +-----------------+-----------------+-----------------+-----------------+ | Re: | Subject of | | | | | email | | | +-----------------+-----------------+-----------------+-----------------+ | Dear Sir/Madam | | | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | - Details of | | | | | the | | | | | problem. | | | | +-----------------+-----------------+-----------------+-----------------+ | - Act that | | | | | has been | | | | | broken. | | | | +-----------------+-----------------+-----------------+-----------------+ | - Part of the | | | | | act that | | | | | was broken. | | | | +-----------------+-----------------+-----------------+-----------------+ | - The redress | | | | | you want. | | | | +-----------------+-----------------+-----------------+-----------------+ | | | | | +-----------------+-----------------+-----------------+-----------------+ | Kind regards | | | | +-----------------+-----------------+-----------------+-----------------+ | Typed name | | | | +-----------------+-----------------+-----------------+-----------------+ Consumer agencies ================= Competition and Consumer Protection Commission (CCPC) ----------------------------------------------------- - Enforces consumer protection and competition law. - Protects the interests of consumers by working with government on consumer laws. - Provides consumers with information and educates them using their website ccpc.ie. Consumers Association of Ireland (CAI) -------------------------------------- - The aims of the CAI are to protect, promote and represent the interests of consumers. - It works with the government and the EU to advise and promote consumer concerns and rights. - It publishes a monthly magazine, Consumer Choice, with information for consumers on financial products, food safety, health issues and tips on safeguarding your consumer rights. The Advertising Standard Authority for Ireland (ASAI) ----------------------------------------------------- - Ensures that all advertisements are legal, decent, honest and truthful. - Monitors advertisements and provides pre-publication advice. - Deals with complaints about advertisements and publishes adjudications. The Ombudsman ------------- - Hears and investigates complaints made by private individuals [against government bodies or offices]. E.g., Gardaí or The HSE. - Independent of the government and provides an impartial and free service. - There are other types of Ombudsman: - - The Small Claims Procedure -------------------------- - Cheap, fast and easy way for consumers to resolve complaints, only costs €25. - Don't need to hire a solicitor, you can represent yourself. - Judge listens to both sides and makes a decision. - Can only make claims up to €2,000. - Only go here after you've tried to solve the issue yourself or with the help of another agency. European Consumer Centre Ireland (ECCI) --------------------------------------- - A support for consumers who have bought goods or services in another EU member state. - Provides free information, advice and assistance to consumers. - The Irish centre is just one of an EU-wide network. Commission for Communications Regulations (COMREG) -------------------------------------------------- - Deals with complaints against communications organisations. E.g., An Post, Eir, Virgin Media. Commission for Regulation of Utilities (CRU) -------------------------------------------- - Deals with complaints by consumers against utility providers e.g., Airtricity or Electric Ireland, Bord Gáis or Irish Water.