Consumer Rights and Resources for Effective Complaint Resolution
Learn about consumer rights and various resources available for effective complaint resolution in Ireland. Topics include the Competition and Consumer Protection Commission, trade associations, ombudsman services, and the Financial Services Ombudsman. Discover non-legislative approaches, contact information, and the benefits of using these services.
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Forbairt Forbairt Foghlaim Foghlaim www.pdst.ie www.pdst.ie F s F s
The Consumer www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Non legislative Personal approach Complain in writing Contact Competition and Consumer Protection Commission Contact Trade Association Mediation Arbitration Relevant Ombudsman www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Competition and Consumer Protection Commission Under the Competition and Consumer Protection Act 2014, on 31 October the National Consumer Agency and the Competition Authority were replaced by the Competition and Consumer Protection Commission (CCPC). The Commission took over the functions of the NCA and the CA and is responsible for delivering an integrated set of services to the consumer which include: 1. Advocacy 2. Information 3. Enforcement 4. Education and Awareness 5. Research www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Trade Associations An interest group that represents a certain type of business. Examples include: ITAA SIMI (Society of the Irish Motor Industry) www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Ombudsman (for government agencies) Is the last resort before legislative (legal) methods. Deals with complaints against government agencies, e.g. Health Service Executive Investigates disputes and issues recommendations. Issues an annual report. http://www.ombudsman.gov.ie/en/ www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Financial Services Ombudsman Is the last resort before legislative (legal) methods. They deal with complaints against banks, credit unions, building societies and the insurance industry. They investigate disputes and issue recommendations. They issue an annual report. www.pdst.ie www.pdst.ie https://www.financialombudsman.ie// p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Evaluation I think that the Ombudsman is effective because: It is a free service. It is less intimidating than dealing with the government agency yourself. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Benefits of solving consumer conflict in a non-legislative manner Cheap No need to pay for solicitors. Quick No waiting for appointments Friendlier Easier to have good relations when the dispute is over www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Legislative methods of solving consumer conflicts Sale of Goods and Supply of Services Act 1980 Consumer Protection Act 2007 Competition and Consumer Protection Act 2014 Small Claims Court www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Competition and Consumer Protection Act 2014 The Consumer Protection Act 2007 came into effect in Ireland in May 2007. The Act provided for the establishment of the National Consumer Agency. Under the Competition and Consumer Protection Act 2014, on 31 October the National Consumer Agency and the Competition Authority were replaced by the Competition and Consumer Protection Commission (CCPC) www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
The Commission took over the functions of the NCA and the CA and is responsible for delivering an integrated set of services to the consumer which include: 1. Advocacy 2. Information 3. Enforcement 4. Education and Awareness 5. Research www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Mission of CCPC To make markets work better for consumers and businesses. Vision of CCPC To have open and competitive markets where consumers are protected and empowered and businesses actively compete. Aim of the CCPC To ensure that markets are competitive and play a role in making Ireland a better place to do business and to be a consumer. Enforcing Competition Law The CCPC is responsible for enforcing Irish and European competition law in Ireland. www.pdst.ie www.pdst.ie Enforcing Consumer Protection Law The CCPC enforce a wide range of consumer protection legislation, mainly arising from EU Directives which were designed to protect consumers at all stages of a transaction. p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Work Implemented by CCPC The CCPC are responsible for enforcing Irish and European competition law in Ireland. The CCPC enforce a wide range of consumer protection legislation, mainly arising from EU Directives which were designed to protect consumers at all stages of a transaction. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Assessing Mergers The CCPC must be notified about proposed mergers, acquisitions and takeovers which reach a certain turnover threshold, and all media mergers. We assess whether they are likely to result in a substantial lessening of competition in the affected markets. They may approve the transaction, block the transaction or impose conditions which will address our competition concerns. (This can apply to Unit 6, Expansion of a business) www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Enforcing Product Safety Regulations The CCPC ensure that product safety standards are being complied with through the General Product Safety Directive and other related sector-specific regulations. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Encouraging business compliance The CCPC seeks to foster a culture of compliance throughout the economy by helping businesses to take active steps to comply with the law. Personal finance information and education Under legislation the CCPC provide personal finance information and education to consumers. The actions under this remit include providing information through their consumer helpline and website, conducting public awareness campaigns as well as working on financial education programmes for schools and workplaces. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Consumer Protection Act 2007 Offers protection to the consumer from false or misleading claims about: Description of goods and services Sale prices and previous prices Prices in multiple stores. It applies to ads of any kind including catalogues, oral statements and the internet www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Competition and Consumer Protection Act 2014 Consumer Protection Act 2007 1. Description of good The good must do what it says it will. e.g. Ronseal metal paint must do, exactly what it says on the tin. www.pdst.ie www.pdst.ie If it does not then Ronseal is in breach of the Consumer Protection Act. p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
2. Description of services The service must do what it advertises to do. e.g. 24 hour photo service must have photos ready in 24 hours. If Kodak do not have photos ready in time they are in breach of the Consumer Protection Act www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
3. Sale items Must have been at the original price for 28 consecutive days in the previous 3 months. If a shop puts items on sale before this they are in breach of the Consumer Protection Act www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
4. Prices in multiple stores Stores that advertise a price must apply it to all of their stores unless the advert indicates it is only for a certain area. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Evaluation of the Consumer Protection Act 2007 The Consumer Protection Act is effective because: Consumers now must get fair and honest information. They cannot be fooled or misled. If they are lied to, they can complain to the Competition and Consumer Protection Commission. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Small Claims Court 1. Quick Aims to handle consumer complaints quickly within 4 weeks. 2. Cheap Costs only 25 to apply www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Evaluation of Small Claims Court I think that the Small Claims Court is effective because: It ensures that consumers get justice quickly & cheaply. It is convenient as it is local or online. It is informal and not like normal court. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
The Sale of Goods and Supply of Services Act 1980 1.Retailer must solve consumer complaints 2.Merchantable Quality 3.Fit for purpose 4.Correspond to Description 5.Correspond to Sample www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
1. Retailer must solve consumer complaints If a consumer returns an item to a shop they cannot be told to contact the manufacturer. A retailer is in breach of the act if they do this. www.pdst.ie www.pdst.ie Contact Manufactuerer p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
2. Merchantable Quality Goods must be of an acceptable standard for the price paid for them. e.g. A wooden chair must hold a person of reasonable weight. A shop is in breach if the chair breaks. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
3. Fit For Purpose Goods must function as they are supposed to. e.g. A waterproof boots must keep out the water. A shop is in breach if the shoes leak. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
4. Correspond to Description Goods & services must match their description. e.g. A 100% Pure New Wool Jumper must be made of pure wool. A business is in breach if the jumper is acrylic, or a blend of fabrics. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
5. Correspond to Sample Goods must match samples displayed or advertised. e.g. A sample of Dulux paint is light blue. Dulux is in breach of the act if the actual tin of paint is dark blue. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
6. Services Must be provided by a qualified person. Materials used must be of Merchantable Quality and Fit for Purpose. e.g. A hairdresser putting highlights in is in breach of the act if an apprentice puts in blonde highlights that come out blue! www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
7. Guarantees Are extra protection given to consumers. It gives them the choice of getting the manufacturer to fix the goods or Getting the retailer to deal with the complaint. Manufacturers are in breach of the act if they give a guarantee for one year but refuse to fix an item that broke within the year. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
8. Inertia Selling This means sending goods in the post that were not requested. It is illegal. If such goods arrive in your house you are entitled to keep them. e.g. Foot & Mouth Christmas Cards. They get around the act by giving them as a present but you can send a donation if you want. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
9. Cooling Off Period With some goods you have a certain amount of time to change your mind and return the goods. It does not apply to everything. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
10. Shop Signs Signs cannot give the impression that consumers have no rights. Therefore, the following must appear on all shop signs: This does not affect your statutory rights. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Example: Sale: price, no refunds This does not affect your statutory rights. This indicates that you can still get a refund if the good is not of Merchantable Quality, Fit For Purpose, etc. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Consumers rights to redress under the act Full Refund money back Replacement an alternative product, free from fault Repair fix the product www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Evaluation of the Sale of Goods and Supply of Services Act 1980 I think that this law is very effective, because: It gives rights to consumers. It ensures that consumers can get their money back if the law is broken. Consumers now have more confidence to complain and will not be fobbed off by retailers. www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Sale of Goods and Supply of Services Act 1980 1. Merchantable quality 2. Fit for purpose 3. Correspond to description 4. Correspond to sample 5. Services must be provided by a skilled person 6. Materials used must be fit for purpose www.pdst.ie www.pdst.ie p d s t 2 0 1 4 p d s t 2 0 1 4
Sale of Goods and Supply of Services Act 1980 7. Goods supplied as part of a service must be of merchantable quality 8. Guarantees do not limit consumers rights 9. Inertia selling 10.Cooling off period 11.Contract is between the buyer & seller 12.Shop signs www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Recap and Review What is a consumer? Name two Irish laws that protect the rights of consumers? Evaluate the effectiveness of the following in protecting consumers Consumer legislation The Small Claims Court The Competition and Consumer Protection Commission The Ombudsman www.pdst.ie www.pdst.ie p d s t 2 0 1 5 / 2 0 1 6 p d s t 2 0 1 4
Fs FoghlaimForbairt F s FoghlaimForbairt www.pdst.ie www.pdst.ie The PDST is funded by the Teacher Education Section (TES) of the Department of Education and Skills (DES) and is managed by Dublin West Education Centre by Dublin West Education Centre The PDST is funded by the Teacher Education Section (TES) of the Department of Education and Skills (DES) and is managed
