Consumer Conflict

Question 1

Outline causes of consumer conflict.

Answer 1

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!)

Question 2

What are non-legislative methods of solving consumer conflict?

Answer 2

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.

Question 3

What are the terms of the Sale of Goods and Supply of Services Act?

Answer 3

Goods must be of merchantable quality (good enough for cost)
Fit for purpose
As described (in a brochure, etc.)
Identical to sample

Question 4

What applies if the terms of this Act are broken?

Answer 4

Refund, Repair, Replace

Question 5

Supply of services

Answer 5

Supplier must be qualified
Must provide service with due care and diligence
Their materials used/goods sold must be of merchantable quality

Question 6

Who is responsible for dealing with complaints?

Answer 6

The shop, not the manufacturer. They had a contract.

Question 7

It is an offence to…?

Answer 7

Display a sign which suggests the consumer has no rights e.g. no refunds

Question 8

Benefit of guarantees?

Answer 8

Enhance customer choice (can choose to have it repaired)

Question 9

What does the Consumer Protection Act deal with?

Answer 9

Unfair commercial practices and general dealing between consumers and businesses

Question 10

What is classified as an unfair commercial practice?

Answer 10

If the business doesn’t give reasonable skill/care or lies.

If they significantly impair the consumers ability to make choices.

Question 11

What does the Consumer Protection Act prohibit?

Answer 11

Misleading practice
Aggressive practice
Prohibited practice

Question 12

Explain misleading practice.

Answer 12

False info
Deceiving consumer
Misleading ads/info
Leaving out info

Question 13

What is it an offence to mislead about?

Answer 13

Nature of product 
Results
Characteristics 
Geographical origin (buy Irish)
Usage/history
Price/ way it was calculated

Question 14

Outline aggressive practice.

Answer 14

Harassment 
Coercion 
Put pressure on consumer 
Threatening or abusive language 
Taking advantage of misfortune

Question 15

Outline prohibited practice

Answer 15

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

Question 16

What are some sanctions and penalties?

Answer 16

NCA can
Prosecute
Issue a compliance notice
Issue a prohibition order
On the spot fine
Publicly name and shame the business

Question 17

Consumer redress?

Answer 17

Compensation 
Exemplary damages (extra money for inconvenience)

Question 18

NCA?

Answer 18

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

Question 19

What is the function of the Small Claims Court?

Answer 19

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

Question 20

What is an ombudsman?

Answer 20

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.