Consumer Conflict Flashcards
Outline causes of consumer conflict.
Poor quality products Over pricing Bad customer service The need to act responsibly/show common sense e.g. trying clothes on CAVEAT EMPTOR (let the buyer beware!)
What are non-legislative methods of solving consumer conflict?
Negotiation: explain the problem, and what form of redress is wanted, manager can agree/reject/offer alternative. They reach a compromise.
Consumer Association of Ireland (interest group): their aims are to ensure good quality products and let consumers know their rights. They can give expert advice and lobby the government.
What are the terms of the Sale of Goods and Supply of Services Act?
Goods must be of merchantable quality (good enough for cost)
Fit for purpose
As described (in a brochure, etc.)
Identical to sample
What applies if the terms of this Act are broken?
Refund, Repair, Replace
Supply of services
Supplier must be qualified
Must provide service with due care and diligence
Their materials used/goods sold must be of merchantable quality
Who is responsible for dealing with complaints?
The shop, not the manufacturer. They had a contract.
It is an offence to…?
Display a sign which suggests the consumer has no rights e.g. no refunds
Benefit of guarantees?
Enhance customer choice (can choose to have it repaired)
What does the Consumer Protection Act deal with?
Unfair commercial practices and general dealing between consumers and businesses
What is classified as an unfair commercial practice?
If the business doesn’t give reasonable skill/care or lies.
If they significantly impair the consumers ability to make choices.
What does the Consumer Protection Act prohibit?
Misleading practice
Aggressive practice
Prohibited practice
Explain misleading practice.
False info
Deceiving consumer
Misleading ads/info
Leaving out info
What is it an offence to mislead about?
Nature of product Results Characteristics Geographical origin (buy Irish) Usage/history Price/ way it was calculated
Outline aggressive practice.
Harassment Coercion Put pressure on consumer Threatening or abusive language Taking advantage of misfortune
Outline prohibited practice
Untrue claim Closing down sale Direct appeal to children Lying about free gift Running a competition with unavailable prizes Demanding payment for unsolicited goods Pyramid schemes Hiding prices Prices must include VAT + tax
What are some sanctions and penalties?
NCA can Prosecute Issue a compliance notice Issue a prohibition order On the spot fine Publicly name and shame the business
Consumer redress?
Compensation Exemplary damages (extra money for inconvenience)
NCA?
Set up under CPA
It investigates breaches of consumer law and has the power to enter premises, take evidence and inform the Gardaí
Its aims are to explain consumer rights via their phone service and website
What is the function of the Small Claims Court?
Solve consumer disputes with retailers
Handles claims easily quickly and cheaply
Claim under €2,000 costs €25
Takes place in district court
The judge makes a judgement
If it favours the consumer they receive compensation within 4 weeks
What is an ombudsman?
An independent body which investigates consumer complaints against public bodies e.g. Garda, an post, HSE
the consumer complains in writing/email/call
Ombudsman investigates
Considers evidence and makes a recommendation
Their findings are not legally binding but are reported to the Dáil.
