The Consumer Notes

The Consumer

• A consumer is a person who buys a good or service for their own use and not for resale.

Non-legislative methods to solving conflicts

1. Negotiation - Process of bargaining to try to reach a mutually acceptable solution. The consumer goes back to the shop and explains the problem with their purchased and sets out what he would like the shop to do to solve the problem. They try to reach a compromise.
2. Consumer Association of Ireland - An interest group which aims to make sure consumers get good quality products and services.
3. Ombudsman - Deals with complaints against government agencies and it's a free service. They are the last resort before legislative methods. They investigate disputes and issue recommendations.

Consumer Association of Ireland

• The CAI gives advice on you rights and on how to solve a consumer problem.
• The CAI publishes a magazine called Consumer Choice explaining consumer rights.
• The CAI lobby's the Government about consumer issues such as consumer law.
• The CAI is an independent, non-profit making organisation for consumers.
• It aims to make consumers aware of their laws and rights by their website, shoppers rights cards etc.
• Investigates breaches of consumer law like power to enter the premises, take evidence, contact Garda etc.

Evaluation of the Ombudsman

• I think that the Ombudsman is effective because:

Benefits of solving consumer conflict in a non-legislative manner

• Cheap - No need to pay for solicitors.
• Quick - No waiting for appointments or court dates.
• Friendlier - Easier to have good relations when the dispute is over.

Legislative methods of solving conflicts

• Consumer Protection Act 2007
• Sale of Goods and Supply of Services Act 1980
• National Consumer Agency
• Small Claims Court

Consumer Protection Act 2007

• This law deals with unfair business to consumer commercial practices. It does not apply to dealings between businesses.
• A commercial practice is any conduct or description offered by a business to a consumer before, during or after the consumer's transaction with the business.
• This Act prohibits the following practices:

1. Misleading Practices

• A commercial practice is misleading if it contains false information or misleads the average consumer.
• Leaving out information that a consumer would need to make an informed purchasing, decisions are all considered misleading practices.
• It is an offence for a business to make misleading claims about:

2. Aggressive Practices

• A commercial practice is aggressive if the business harasses the consumer or puts them under unfair pressure.
• The law bans the following aggressive practices:

3. Prohibited Practices

• The following practices are banned in all cases and it is an offence for any business to engage in them:

Sanctions and Penalties

• The law gives the National Consumer Agency a range of powers to ensure that a business obeys this law:

[/b] (take to court).
- It can issue them with a Compliance Notice which orders the business to stop and obey the law by a certain date.
- It can issue fines.
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Evaluation of the Consumer Protection Act 2007

• I think this is a good law because:

National Consumer Agency

• Informs consumers of their rights. They do this through their website, shoppers rights cards etc.
• Investigates breaches of consumer laws.
• Conducts research into consumer issues by lobbying the Government.
• Acts as a representative for consumers.

Small Claims Court

1. Quick - Aims to handle consumer complaints quickly within 4 weeks. No lawyers are involved.
2. Cheap - Costs only €25 to apply.
3. Amount - Consumers can only claim up to €2,000.

Evaluation of the Small Claims Court

• I think that the Small Claims Court is effective because:

Sale of Goods and Supply of Services Act 1980

• This Act gives the following rights to consumers:
• Retailer must solve consumer complaints - If a consumer returns an item to a shop, they cannot be told to contact the manufacturer.
• Merchantable quality - Goods must be of an acceptable standard for the price paid for them.
• Fit for purpose - Goods must function as they are supposed to.
• Correspond to description - Goods and services must match their description.
• Correspond to sample - Goods must match samples displayed or advertised.
• Services - Must be provided by a qualified person.
• Guarantees - 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.

Redress

• A consumer is entitled to a remedy or redress if the product/service is not working.
• If the fault is a major one and discovered soon after the purchase, the consumer is entitled to a full refund provided they complain quickly.
• The consumer may decide to accept a replacement of the product or service instead.
• If the product/service was obtained some time ago, the best the consumer can expect is a repair.

Evaluation of the Sale of Goods and Supply of Services Act 1980

• I think that this law is very effective because:

Caveat Emptor

• Means "Let the buyer beware"