Consumer Conflict Flashcards
What principle should consumers use when purchasing goods?
CONSUMERS SHOULD USE THE PRINCIPLE OF CAVEAT EMPTOR WHEN PURCHASING GOODS AND SERVICES.
In English means ‘let the buyer beware’
What are the OPTIONS FOR SOLVING CONSUMER CONFLICT IN A NON-LEGISLATIVE WAY ?
Negotiation
Writing a letter of complaint
Assistance from a third party
What are the steps in negotiation if a consumer is unhappy with a good or service?
- RETURN TO THE RETAILER WITH THEIR PROOF OF PURCHASE,
E.G. A RECEIPT OR BANK STATEMENT
-ASK TO SPEAK TO A MANAGER AND STATE CLEARLY THE PROBLEM WITH THEIR PURCHASE
-TELL THE RETAILER HOW THEY WOULD LIKE THE PROBLEM TO BE RESOLVED.
When would a consumer write a formal letter of complaint?
IF A CONSUMER IS UNABLE TO SPEAK TO OR VISIT A RETAILER, IT WOULD BE ADVISABLE TO SEND A FORMAL LETTER OF COMPLAINT.
What are the steps in a formal letter of complaint if a consumer is unhappy with a good or service?
OUTLINE THE PROBLEM WITH THE GOOD OR SERVICE
EXPLAIN HOW THEY WOULD LIKE THIS ISSUE TO BE RESOLVED
INCLUDE COPIES OF ANY PROOF OF PURCHASE.
When would a consumer SEEK ASSISTANCE FROM A THIRD PARTY?
IF NEGOTIATION IS NOT SUCCESSFUL, THE CONSUMER CAN SEEK ASSISTANCE FROM A THIRD PARTY TO HELP RESOLVE THEIR PROBLEM WITH THE RETAILER.
What are the organisations that provide third party help to consumers in Ireland?
ORGANISATIONS THAT HELP CONSUMERS INCLUDE:
CONSUMERS’ ASSOCIATION OF IRELAND (CAI)
EUROPEAN CONSUMER CENTRE IRELAND (ECC IRELAND).
What are the provisions of good according to SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980?
- Goods must be of merchantable quality
-Goods must conform to sample
-Goods must fir the purpose
-Goods must be as described
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must be fit for purpose?
It means that goods should do what they are meant to do and designed for
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must be of merchantable quality?
THE goods SHOULD BE OF REASONABLE QUALITY TAKING INTO ACCOUNT WHAT THEY ARE SUPPOSED TO DO, THEIR DURABILITY AND THEIR PRICE.
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must conform to a sample?
THE PRODUCT PURCHASED BY THE CONSUMER SHOULD MATCH any SAMPLE SHOWN BY A SELLER.
eg a car in a car dealership should match the one the person has been shown and selected when they buy it
A carpet should be the same as the one shown and selected in the shop from a sample book
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods muse be as described?
The goods must match any description used by advertising shown on the label or given by a sales person. It cannot be misleading.
eg a toy should match description on any packaging, newspapers and brochures
What are the provisions for services under the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 ?
- The service provider must be QUALIFIED AND HAS THE SKILLS NEEDED.
- Must PROVIDE THE SERVICE WITH PROPER CARE AND DILIGENCE.
- MUST USE MATERIALS THAT ARE SOUND AND FIT FOR THE PURPOSE
- MUST USE GOODS AS PART OF THE SERVICE THAT ARE OF MERCHANTABLE QUALITY.
What is meant by The service provider must be QUALIFIED AND HAS THE SKILLS NEEDED?
It means they must have all the qualifications necessary to provide the service
eg an accountant should be qualified in order to provide proper tax returns for a business
What is meant by a servicer provider Must PROVIDE THE SERVICE WITH PROPER CARE AND DILIGENCE?
the person providing the service should not rush and make sure all parts of the service are carried out carefully and fully
What is meant by the service provider MUST USE GOODS AS PART OF THE SERVICE THAT ARE OF MERCHANTABLE QUALITY and are sound and fir for purpose?
The tools or equipment used when providing a service or any goods that a consumer receives when paying for a service should be reasonable given the price paid for them.
UNDER THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980, WHAT ARE THREE SOLUTIONS FOR BREACHES OF THE ACT 1980?
-Repair
-Replacement
-refund
WHat is a cooling off period?
YOU HAVE THE RIGHT TO A COOLING-OFF PERIOD OF 14 DAYS IF YOU BUY SOMETHING FROM A DISTANCE,
eg
* ONLINE (WEB SHOP OR ONLINE SELLING PLATFORM
* TELEPHONE * DOOR-TO-DOOR SELLING WITH A VALUE OF €50 OR MORE
* STREET TRADE WITH A VALUE OF €50 OR MORE
How long off a cooling off period do you have for doorstop sales?
FOR DOORSTEP SALES, YOU HAVE 30 DAYS FROM WHEN THE CONTRACT WAS AGREED TO CANCEL.
What is the responsibility of the retailer under the GOODS AND SUPPLY OF SERVICES act 1980?
THE CONSUMER HAS A CONTRACT WITH THE RETAILER WHEN THEY BUY GOODS AND SERVICES.
IF THERE IS A PROBLEM WITH THE GOOD OR SERVICE PURCHASED, THE SELLER is responsible and MUST RESOLVE THE ISSUE.
What are signs limiting consumer rights?
-Illegal for shops to display SIGNS SUCH AS ‘CREDIT NOTES ONLY’, ‘NO CASH REFUNDS’, ‘NO EXCHANGE’ UNDER THE SALE OF GOODS & SUPPLY OF SERVICES ACT as they suggest customers have fewer rights in certain situations.
A shop can’t say ‘No refunds on sale items’ as the consumer has the right to a full redress in the case of a faulty item.
WHEN IS CONSUMER COMPLAINTS NOT JUSTIFIED?
-WHEN THE FAULTS ARE DUE TO MISUSE OR ABUSE OF THE GOODS.
-IF THE FAULT WAS BROUGHT TO THE CONSUMERS ATTENTION PRIOR TO PURCHASE.
Under the sales act 1980 what should a person do with unsolicited goods?
-IT IS ILLEGAL TO DEMAND PAYMENT FOR UNSOLICITED GOODS.
-THEY HAVE A RIGHT TO KEEP THM AFTER 6 MONTHS IF NO ATTEMPT HAS BEEN MADE BY THE SELLER TO COLLECT THEM.
-THEY SHOULD REMIAN UNOPENED IN THE MEANTIME.
WHAT IS A GUARENTEE UNDER THE GOODS AND SUPPLY OF SERVICES act 1980?
A guarantee states that the manufacturer will repair or replace a faulty item within a certain period of time after it has been purchased.
They are additional protection given to the consumer often as an additional selling point and is the customers choice on whether to us them in the case of a faulty good. THE GUARANTEE MUST CLEARLY SHOW WHAT GOODS ARE COVERED, THE TIME FRAME INVOLVED AND THE PROCEDURE FOR MAKING CLAIMS and CANNOT LIMIT THE CONSUMER’S RIGHTS UNDER CONSUMER LAW.
What are UNSOLICITED GOODS?
THIS REFERS TO GOODS THAT ARE SENT TO SOMEONE WITH A DEMAND FOR PAYMENT, EVEN THOUGH THE PERSON DID NOT ORDER THE GOODS.
What is banned under the THE CONSUMER PROTECTION ACT 2007?
-Misleading pricing displays
-Aggressive selling practices
-Misleading advertisement of a product
- Advertising of false prices
-Price Controls
-Pyramid Schemes
-False claim about a product
what IS THE CONSUMER PROTECTION ACT 2007?
It is an act in place to protect consumers ability to make informed decisions that could be affected by unfair, misleading and aggressive selling practices.
What are MISLEADING pricing displays?
-A business must display prices for all items that are for sale to allow customers to make comparisons between different goods and do not feel pressured to but goods once they get to the till.
- By law some prices have to be displayed in a certain way.
eg Hairdressers have to make their prices visible from the street or immediately as you walk inside the entrance of the building.
What are aggressive selling practices in the consumer protection act 2007?
The act prohibits sellers from engaging in aggressive practices such as harassment, coercing or selling under the influence.
eg a seller cannot forcibly pressurise or intimidate consumers to buy something they do not want
What are price controls in the consumer protection act 2007?
This act bans shops from having a control on selling prices however governments can impose a maximum price on certain goods in an emergency.
What is the advertisement of false prices in the consumer protection act 2007?
A business must be clear about what is included in a purchase and what a consumer can reasonably expect when buying goods. It cannot mislead customers into buying their product thinking it is something else.
What are pyramid schemes in the consumer protection act 2007?
Pyramid schemes are banned under the act and are when participants buy into the scheme and an earn back their original investment an make more money by recruiting new members who join below them in the pyramid.
What are false claims about a product in the consumer protection act 2007?
- A business cannot sell fake or counterfeit items claiming they are real
-A business cannot mislead customers about the origin of their product
-A business cannot mislead customers about a prize or award the product has received - A business cannot mislead customers about a products previous usage (second hand)
What is the small claims procedure?
IF A CONSUMER CANNOT RESOLVE A COMPLAINT WITH A BUSINESS, THEY CAN TAKE THEIR CASE TO THE SMALL CLAIMS PROCEDURE AT THE DISTRICT COURT FOR A FEE OF €25.
COURT WILL HEAR BOTH SIDES OF THE CASE AND ISSUE A JUDGEMENT.
CLAIMS UP TO THE VALUE OF €2,000 CAN BE MADE FOR:
-FAULTY GOODS
-POOR-QUALITY PRODUCTION
-DAMAGE TO PROPERTY.
What are advantages of the small claims procedure?
-Don’t need to hire a solicitor
-Doesn’t cost much money
-CONVENIENCE/SPEED: THE RETAILER/SERVICE PROVIDER IS GIVEN TWO WEEKS TO RESPOND TO THE CASE, OTHERWISE A COURT DATE IS SET IN THE DISTRICT COURT.
-IMPARTIAL/APPEALS: THE CASE IS HEARD BY AN IMPARTIAL JUDGE WHO MAKES A DECISION ON THE CLAIM.
-THE DECISION MAY BE APPEALED TO THE CIRCUIT COURT IF EITHER PARTY ARE NOT HAPPY WITH THE JUDGEMENT. ACCESS TO ONLINE SMALL CLAIMS PROCEDURE.
What does the CCPC stand for?
The Competition and Consumer Protection Commission
What does the CCPC DO?
The CCPC is AN INDEPENDENT BODY THAT ENFORCES COMPETITION AND CONSUMER PROTECTION LAW IN IRELAND.
THE CCPC PROVIDES CONSUMERS WITH INFORMATION ABOUT THEIR RIGHTS IN RELATION TO THE PURCHASE OF GOODS AND SERVICES.
What are the functions of the CCPC?
INFORMING THE CUSOTOMER
ENFORCING CONSUMER LAW
CONDUCTING RESERCH INTO CUSTOMER ISSUES
EDUCATING THE CONSUMER
ADVISING THE IRISH GOVERNMENT ON CONSUMER ISSUES
PROTECTING CONSUMERS FROM FIRMS DOMINATING THE MARKET
how DOES THE CCPC INFORM CONSUMERS?
THEY PROVIDE A WEBSITE, A HELPLINE, SOCIAL MEDIA SITE AND ENGAGE IN RADIO AND TELEVISION ADVERTISING.
THEY ALSO PRODUCE A NEWSLETTER THROUGH A SUBSCRIPTION SERVICE ON THEIR WEBSITE.
How does the CCPC enforce consumer law?
They issue prohibition orders (notice to a business to immediately stop the illegal act) to a business and compliance notices (a written notice to stop a certain practice and obey the law by a certain date). They issue on the spot fines and name and shame businesses by publishing non-compliant traders names.
How does the CCPC advise the Government?
THE CCPC CONDUCTS RESEARCH TO IDENTIFY AREAS WHERE CONSUMERS NEED GREATER PROTECTION AND INFORMS THE GOVERNMENT ABOUT THE IMPACT OF ANY NEW LAWS.
Why does the CCPC conduct research into consumer issues?
THEY DO THIS IN ORDER TO ADVISE CONSUMERS ON HOW THEY CAN CHANGE HABITS AND SAVE MONEY OR RECEIVE BETTER VALUE FOR MONEY, E.G. SWITCHING ELECTRICITY SUPPLIER. And they identify areas where customers need greater protection too advise the government
How does the CCPC educate consumers?
THE CCPC PROVIDES FINANCIAL INFORMATION AND EDUCATION TO CONSUMERS THROUGH PUBLIC AWARENESS CAMPAIGNS.
THE CCPC WEBSITE HAS MANY TOOLS FOR CONSUMERS TO USE TO MAKE MORE INFORMED DECISIONS. THESE INCLUDE FINANCIAL CALCULATORS, COST COMPARISONS FOR VARIOUS FINANCIAL SERVICES, INTERACTIVE QUIZZES ETC.
How does the CCPC protect consumers from firms dominating the market?
They examine mergers and acquisitions to ensure there is enough competition in Ireland. THIS IS TO ENSURE THAT THERE ARE NO DOMINANT BUSINESSES IN PARTICULAR MARKETS and THAT THERE IS FAIR COMPETITON FOR CONSUMERS
What is the Ombudsman for public service?
THE OMBUDSMAN CAN INVESTIGATE A COMPLAINT IF YOU BELIEVE THAT A PUBLIC SERVICE BODY (EG GOVERNEMNT, an post, city COUNCIL) HAS GIVEN YOU THE WRONG INFORMATION OR YOUR COMPLAINT HAS NOT BEEN DEALT WITH PROPERLY.
THEY WILL ONLY INVESTIGATE COMPLAINTS IF THE PERSON HAS TRIED TO RESOLVE THE PROBLEM THEMSELVES. IT IS THE LAST RESORT.
THE PROCESS IS ACCESIBLE TO ALL, AFIR AND FREE OF CHARGE, ALOWS A CLAIMENT TO NOT HAVE TO BRIG A PUBLIC BODY TO COURT
WHAT CAN THE OBUDSMAN NOT EXAMINE?
- CLINICAL JUDGEMENTS OF DOCTORS OR OTHER MEDICAL PROFESSIONALS
- JOB APPLICATIONS
- DECISIONS RELATING TO IMMIGRATION OR NATURALISATION
- HOW PRISONS ARE RUN
WHAT ARE THE STEPS WHEN COMPLAINING ABOUT A PRODCUT OR SERVICE?
. kNOW YOUR RIGHTS
.ACT QUICKLY
. KNOW WHO TO COMPLAIN TO
.MAKE A FORMAL COMPLAINT
.PROGRESS THE COMPLAINT FURTHER IF STILL UNSATISFIED
