Consumer Protection

Question 0

1. Sale of Goods and Supply of Services Act 1980

Answer 0

Under this Act, all goods should:

• Be of merchantable quality - fit to be sold and in perfect condition.
• Be fit for their purpose - an electric kettle should boil water.
• Be as described - goods must match the description given on the label, advertisement or by the salesperson eg. ‘waterproof.’
• Correspond with samples - if a sample is used to advertise or sell an item, the item must match the sample. Eg. a suite of furniture.

Services such as dry cleaning, hairdressing, car repairs, etc. are also covered by this Act.

Question 1

Two most important consumer laws

Answer 1

1. Sale of Goods and Supply of Services Act 1980

2. Consumer Information Act 1978

Question 2

What is the consumer entitled to expect under the Sale of Goods and Supply of Services Act 1980? (for services such as drying cleaning, hairdressing, car repairs, etc.)

Answer 2

• The supplier has the necessary skill to provide the service.
• The supplier will provide the service with proper care and diligence.
• Materials used will be sound. (Safe and working)
• Any goods supplied for this service will be of merchantable quality.

Question 3

What is a guarantee?

Answer 3

A guarantee is an extra bonus to the consumer. It is a promise by the manufacturer that he/she will make good any faults in an item for a specific period of time after purchase.

If goods or services are faulty, the consumer is entitled to compensation - a refund, repair or replacement.

Question 4

What are the 3 Rs?

Answer 4

Refund, repair or replacement

Question 5

What does caveat emptor mean?

Answer 5

Let the buyer beware.

Question 6

When are you not covered by guarantees?

Answer 6

• Not covered if you misused the goods or ignored advice from seller.
• Not covered if you simply changed your minds.
• Not covered if the fault was pointed out to you before sale, eg. goods marked as ‘seconds’ or ‘slightly imperfect’

Question 7

Other points to consider about guarantees.

Answer 7

• Not obliged to accept a credit note in place of a refund, repair or replacement.
• Cheque stubs or credit card statements are acceptable proof of purchase.
• If you buy on credit during a sale or you lose or rent goods, you are protected by the Sale of Goods and Supply of Services Acf 1980.

Question 8

2. Consumer Information Act 1998 - purpose

Answer 8

The purpose of this Act is to protect consumers against false or misleading claims about goods, services or prices.

Question 9

2. Consumer Information Act 1998 - What is it an offence for sellers to do under this act?

Answer 9

• Make misleading claims about the price of goods.
• Advertise a misleading price reduction, eg. in a sale.
• Publish an advertisement which is likely to mislead the public.
• Make false or misleading claims about goods and services.

Question 10

Statutory (Government) Agencies

Answer 10

The National Consumer Agency

Ombudsman

The small Claims Registrar/Court

Question 11

Voluntary Agencies

Answer 11

Consumer’s Association of Ireland

Trade associations

Question 12

Functions of the National Consumer Agency + When was it set up?

Answer 12

Set up in 2007.

• To enforce the laws in relation to the sale of goods and services.
• To represent the consumer.
• To deal with complaints about false or misleading claims.
• To educate and inform consumers about their rights.

Question 13

The ombudsman

Answer 13

The ombudsman helps the consumer in complaints against government departments and state bodies, eg. local authorities, the HSE, An Post.

The ombudsman does not get involved in disputes between retailers and the consumer.

Question 14

The Small Claims Registrar/Court

Answer 14

The Small Claims Registrar/Court deals with claims relating to goods or services up to the value of €2,000.

Consumer claims are handled quickly, cheaply, and informally, without the need for a solicitor.

Question 15

Consumer’s Association of Ireland

Answer 15

The Consumer’s Association of Ireland is an independent, non-profit association of consumers.

It publishes a monthly magazine, Consumer Choice, which gives advice and information on a range of goods and services.

Question 16

Why do consumers need to be informed?

Answer 16

To:

• Ensure they get value for money.
• Make informed decisions about goods and services.
• Understand consumer laws.
• Prepare them to take effective action if they seek redress.

Question 17

Unbiased sources of Consumer Information

Answer 17

National Consumer Agency

Consumers’ Association of Ireland (CAI)

The office of the Ombudsman

Citizens Information Centres

Question 18

Biased sources of consumer information

Answer 18

Advertising

Manufacturer’s leaflets and brochures

Shows, showrooms and exhibitions

Sales staff

Question 19

Why is consumer protection necessary?

Answer 19

To protect the rights of consumers

To give consumers a way of redress if their rights are not granted

To guard against abuse by dishonest sellers and manufacturers

Question 20

What is the consumer protected by?

Answer 20

Consumer laws

Statutory (government) agencies

Voluntary agencies

Question 21

What are your ‘statutory rights’?

Answer 21

Your statutory rights are your rights under the law.

Question 22

Examples of claims about goods and services

Answer 22

Homemade

1 Hour dry cleaning

Buy one get one free

Question 23

Sources of consumer information: Consumers’ Association of Ireland

Answer 23

To get Consumer Choice magazine, you must be a member of CAI, as it is not sold through newsagents or bookshops.

Question 24

Sources of consumer information: Advertising

Answer 24

Gives some honest information but is often biased as it tries to show a product in a good light.

Question 25

Sources of consumer information: Manufacturers’ leaflets and brochures

Answer 25

Give detailed information on specifications and uses.

Question 26

Sources of consumer information: Exhibitions

Answer 26

These offer an opportunity to collect a large amount of information, eg. the Boat Show, Ideal Home Show, Off the Rails Roadshow.

Question 27

Sources of consumer information: Sales staff

Answer 27

May be very well informed about products, but may put pressure on consumers.

Question 28

Sources of consumer information: Citizens Information Centres

Answer 28

Provide information on consumer rights and government services.

Question 29

Trade associations

Answer 29

Trade associations operate a code of practice for handling consumer complaints about their members, eg. Irish Hotels Federation, Vintners’ Federation of Ireland (drinks industry), SIMI (motor industry) and CIF (construction industry)

Question 30

How to complain

Answer 30

Complain as soon as possible

Only complain to the seller or manager

Make your case clear

Persist and do not be fobbed off

Let the seller know that you are aware of your rights

Avoid losing your temper

Indicate how you wish to be compensated and allow reasonable time

Never play down your complaint

Question 31

Ways of making a complaint

Answer 31

Complaining in person

Complaining by telephone

Writing a letter of complaint

Question 32

Letter of complaint contents

Answer 32

Customer’s address

                                   Date
Name (if known)
and address of
Customer Services
Manager.

Dear Sir or Madame,

When and where product was bought
Proof of purchase
Clear details of the complaint
Action you would like taken

Yours faithfully,
Your full name