Chapter 2 - consumer conflict Flashcards
What are non legislative methods to solve consumer conflict
Contact the retailer and talk it out
Consumer association of Ireland
Trade associations
Conciliation
What is the consumer association of Ireland and what is its function
It is an interest group for consumers
Non-commercial organisation set up to prefect and promote the interest of consumers
They give information and advice to consumers about goods and services and consumer laws
Publish the consumer choice magazine
Carry out product test and publish reports into consumer goods and services
Lobby the government for changes and imorovents to consumer fight legislation
Seek improved product quality standard
What is trade associations
They act as conciliators if negotiations prove difficult
They get both sides to talk it out and come up with a mutually agreed solution
Example SIMI and ITAA
What is conciliation
Means getting an independent third party to talk to both sides separately before bringing them together to help them appreciate the other position
They do not recommend a solution
There role is to help both dies to reach a better understanding of each otherβs needs so that finding an agreement is easier
What is the ombudsman
It specialises in dealing with consumer complaints against public sectors organisations government departments and local authorities
No authority to investigate the dail gardai defence forces courts or prison
Before contacting the ombudsman you must have tried to solve it yourself
The financial ombudsman specialises in resolving complaints against backs and financial institutions
The procedure for ombudsman
The consumer makes a complaint to ombudsman in writing by email phone or in person and there is no fee .
The ombudsman investigates the complaint. They go to the public body office and request documents or interview any member of staff
The ombudsman consider all the evidence but only has the power to make a recommendation there findings are not legally binding so the public body does nit have to obey
A report is sent to dail eireann every year
Evaluate the ombudsmanβs
ο΅ In my opinion I think it is very effective for the following reasons:
ο΅ It is βthe representative of the peopleβ. The Ombudsman helps to solve consumer conflicts involving public sector organisations. It can represent an ordinary person who may not have the ability/confidence to do so themselves against a powerful government department.
ο΅ One must have tried to solve the problem themselves first. Then the ombudsman can request document and interviews during his investigation.
ο΅ The service is free of charge and this saves the member of the public money id solving a conflict with a state body.
ο΅ It is an independent body of the state so the findings are not bias.
Shop signs
Signs cannot give the impression that consumers have no rights. ο΅ Signs or statements limiting liability are illegal
Therefore, the following must appear on all shop signs:
βThis does not affect your statutory rights.β
What are guarantees
Are extra protection/an additional right given to consumers
It gives them the choice of getting the manufacturer to fix the goods
What is inertia selling
Also known as unsolicited goods. It is illegal.
It refers to goods sent to people who have not ordered them, but receive a demand for payment
Any consumer who receives such goods are entitled to keep them without payment provided
The sender has not taken the goods back or been prevented from taking them back
6 months have lapsed and during this time the goods were not used or
30 days if the consumer has written to the sender saying the goods are unwanted.
What is the cooling off period
With some services you have a certain amount of time to change your mind and come out of the agreement.
It does not apply to everything.
Insurance, investment and mortgage contact have cooling off periods of 14 days.
Evaluate the sales of food and supply of service act 1980
In my opinion I think it is a very important Actβ¦.
For the following reasons:
ο΅ It sets out the legal responsibilities of retailers to ensure that new goods and services bought by consumers meet certain minimum standards i.e.)- of merchantable quality/fit for purpose.
It ensures that consumers get their money back/redress if the product or service is not up to legal standards. While the law cannot do away with faulty products, it can ensure that consumers do not lose any money if they buy one β i.e.) Redress available.
Consumers cannot be fooled into thinking they must accept a credit note by retailers who put up this sign. By banning illegal signs the law protects those who do not know their rights
What is the small claims court
Its aim is to handle consumer claims easily, quickly and cheaply without involving a solicitor.
Claims can be made for faulty goods or bad workmanship.
The consumer cannot sue for amounts greater than β¬2,000
An application form is to be filed and a fee of β¬25 has to be paid to the Local District Court or online www.smallclaims.ie
Evaluate the role of the small claims court
In my opinion, the small claims court is very effective as
It ensures that all consumers can get justice easily, quickly and cheap without hiring a solicitor
It is inexpensive method of solving a dispute. Consumers receive an unbiased and fair judgement.
Small Claims online is an excellent service because anyone in Ireland can take a case anywhere at their convenience
The consumer protection act 2007
Unfair commercial practises Misleading practises Misleading claims about product or service Misleading claims about price Misleading advertising Aggressive commercial practises Prohibited practises Price control Codes of practise
