Consumer Law ModuleCST 107 PDF

CONSUMER LAW MODULECST 107 CONSUMER RIGHTS AND RESPONSIBILITIES WEEK 2 DR SINÉAD FUREY LEARNING OBJECTIVES Discuss why consumers need protection; and Describe and apply the language of consumers’ rights and responsibilities. RECAP OF WEEK 1 Why do consumers need protection? CO...

CONSUMER LAW MODULECST 107 CONSUMER RIGHTS AND RESPONSIBILITIES WEEK 2 DR SINÉAD FUREY LEARNING OBJECTIVES Discuss why consumers need protection; and Describe and apply the language of consumers’ rights and responsibilities. RECAP OF WEEK 1 Why do consumers need protection? CONSUMER PROTECTION FRAMEWORK Consumer Protection Enforcement Advice Representation Regulation CONSUMER RIGHTS timeline: o 1930s = Consumer Union founded in the USA o 1950s = Consumer Associations formed in Europe o = Government White Paper for national consumer bodies o = National Consumer Council in England o = General Consumer Council for Northern Ireland – statutory body independent of government CONSUMER RIGHTS JFK’s Speech to Congress in 1962, when he asserted FOUR consumer rights o Safety o informed o choose o heard CONSUMER RIGHTS International Organisation of Consumer Unions (1987): o Right to information o Right to basic services and to choice o Right to representation and to protection o Right to redress o Right to consumer education  o Right to a healthy environment RIGHT TO INFORMATION Right to be protected against dishonest, deceitful or grossly misleading information, advertising, labelling or other practices and to be given the facts needed to make an informed choice For example: o Packaged in a ‘nut-free’ environment – anaphylactic o Only 12,000 miles on the odometer – clocked o Halal meat – contains pork o energy rating – ‘E’ energy rating RIGHT TO BASIC SERVICES AND TO CHOICE (AT COMPETITIVE PRICES) Right to basic services and access to a variety of products and services at competitive prices, and in the case of government or private monopolies, to have an assurance of satisfactory quality and services at fair prices. For example o Use of water at a caravan site = £100 / litre = MRP for water o Annual price increases for electricity, gas, public transport – Role of the regulator (NIAUR/NITHCO) CHOICE Choice = The engine of consumer power! Choice means that consumers can exercise their powers of discrimination and that the constant desire to chase the consumers’ investment ensures that suppliers keep their products attractive and competitive. RIGHT TO REPRESENTATION AND PROTECTION The right to be assured that consumer interests will be heard in the making and execution of Government policy For example: o Water Reform: Can’t Pay/Won’t Pay; Fair/Affordable/Sustainable o Consumers should be consulted from the outset on any decisions that will ultimately impact upon them RIGHT TO REDRESS The right to receive compensation for misrepresentation or shoddy goods/services and, where needed, free legal aid or an accepted form of redress for small claims should be available. For example: o Opportunity to have a wrong put right – wrongly charged for two items when you only bought one – money back and receive the original item for free RIGHT TO CONSUMER EDUCATION Enables the consumer to acquire the knowledge and skills to be an informed consumer throughout life. For example: o Consumer Skills for All o Consumer Proficiency o Financial Capability/Literacy Strategy RIGHT TO A HEALTHY ENVIRONMENT The right to freedom, equality and adequate conditions of life in an environment that permits a life of dignity and well-being and which carries with the concomitant responsibility to protect and improve the environment for present and future generations. For example: o Sustainability – responsible consumerism CONSUMER COUNCILS’ CONSUMER RIGHTS Right Explanation Access Choice Information Representation Redress Safety (and Quality) Equity Value for Money CONSUMER RIGHTS Chief among these consumer rights are: BUT... Are consumers today more aware of their rights than their responsibilities? o DISCUSS.... RIGHTS versus RESPONSIBILITIES For every action there is an equal and opposite reaction... (Newton’s Third Law of Motion) CONSUMER RESPONSIBILITIES Critical awareness Action Social responsibility Ecological responsibility Solidarity RIGHTS / RESPONSIBILITIES All individuals have both rights and responsibilities as consumers. What do you see as the key distinctions between these two categories? RIGHTS RESPONSIBILITIES The right to expect that a product has been safely produced and is safe to use Corresponding responsibility? CONSUMERISM  Consumerism is the promotion of consumer rights and responsibilities to protect and enhance the rights of the consumer. LEGAL PROTECTION The UK possesses many excellent consumer protection laws. Increasingly, EU Directives are replacing domestic laws. Such EU Directives do not always, unfortunately, enhance consumer rights. Much EU legislation reduces consumer protection. places an emphasis on more competition and less regulation – believing such an approach to ultimately better protect the consumer interest. READING John, R. (Ed.) (1994) The consumer revolution: redressing the balance. London: Hodder and Stoughton. Chapters 8 and 9. Gabriel, Y. And Lang, T. (2015) The unmanageable consumer. 3rd ed. London: Sage Publications. Chapter 2. Cartwright, P. (2007) Crime, punishment and consumer protection. Journal of Consumer Policy, 30, 1-20. o Please note some readings are available as journal articles, eBooks or scanned photocopies of chapters.