Unit 2 - Chapter 10 - Consumers And The Law Flashcards
What was your independent research law?
Consumer protection laws.
What was your specific area of law?
Consumer rights.
Explain consumer protection laws.
Consumer Protection Laws not only protect consumers but also make them aware of their rights. This ensures consumers are able to realise when their rights are being breached and then even proceed to seeking a remedy.
Explain consumer rights.
This specific area of law allows Consumers to take action if they believe they have become a victim of any unfair or illegal sales practices. They can initially discuss their complaint with Consumer Affairs Victoria and receive advice regarding the best way to tackle the matter.
What areas do consumers have rights?
Unsolicited sales
. Door-to-door sales
. Telemarketing
. Unsolicited supply of goods or services
Solicitied sales . Mail order/Online sales . Lay-by . Receipts . Refunds . Bag searches . Consumer and the law of negligence . Misleading claims and advertising
What are legal principles?
These are documents which act as a consistent framework of set rules or set procedural steps through which judgments can be determined in a given legal case.
What are the legal principles in existence for for Consumer Protection Laws (and consumer rights)?
. Trade Practices Amendment (Australian Consumer Law) Acts (No.1 and No.2) 2010 (Cth)
. Competition and Consumer Act 2010 (Cth)
. Fair Trading Amendment (Australian Consumer Law) Act 2010 (Vic.)
. Australian Consumer and Fair Trading Act 2012 (Vic.)
What is the purpose of the Australian Consumer Law?
. Promote and encourage fair trading practices and a competitive and fair market
. Protect consumers
. Regulate trade practices
. Provide for code of practice
. Provide powers and functions to institutions
. Promote uniformity with the consumer laws of other jurisdictions
. Regulate certain businesses
The Extent To Which These Purposes Have Been Fulfilled.
The Australian Consumer Law continues to emphasise fair trade as well and competitive market whilst deterring people from any unfair trading practices. This in turn helps to protect consumers along with the knowledge the Australian Consumer Law provides for them. Furthermore the provision of power to Consumer Affairs Victoria has meant disputes can be resolved through conciliation and investigations into alleged breaches of law can occur. This is all done whilst being nationally recognised and having Consumer Affair Ministers which strongly believe in proactive approaches, so the Australian Consumer Law seems to be fulfilling its purposes.
Methods for resolving consumer disputes.
Consumer disputes can arise for a number of reasons, including unfair or illegal sales practices such as misleading claims and advertising. However the most common disputes arise from something being wrong with a purchased good or service and not just an advertised one. When something goes wrong with the products or services bought, the first thing you must do is:
Know your rights - this involves finding out whether you are entitled to a remedy such as a repair, refund or replacement.
Speak with the business - explain in person, over the phone or by email the issue you have with one of their goods or services and ask for a remedy.
Write a complaint letter or email - this step is undertaken when speaking to the business has not resolved the issue.
Take your complaint further - this acts as the last resort when the business does not resolve the issue. Contacting Consumer Affairs Victoria is highly recommended so advice can be given.
After seeking advice:
There are a number of options available for consumers taking complaints further, including:
applying for a civil claims hearing at the Victorian Civil and Administrative Tribunal (VCAT)
requesting conciliation
lodging a complaint with the relevant industry ombudsman
seeking independent legal advice
Institutions for resolving consumer disputes.
ACCC - the Australian Competition and Consumer Commission is a national regulatory authority which promotes competition and fair trade in order to benefit consumers, businesses and the community. They deal with most consumer complaints however their dispute resolution covers disputes regarding:
. challenges to the ACCC’s decisions
. challenges to the ACCC’s failure to act in accordance with procedures
. corporate disputes from employment
ASIC - the Australian Securities and Investments Commission investigates complaints involving financial products and services. It is an independent Australian government body that enforces and regulates company and financial services laws in order to protect not only Australian consumers, but also investors and creditors.
Consumer Affairs Victoria - this is a state regulatory body which works in cooperation with the ACCC and the ASIC and therefore also aims to protect the interests of Victorian consumers. Its role include:
. educating consumers on their rights
. reviewing consumer legislation and industry codes whilst advising the Government
. enforcing and ensuring compliance with consumer laws
conciliating disputes between consumers and traders
Victorian Civil and Administrative Tribunal - VCAT hears disputes between consumers and traders with no limit to the value of goods or services in the dispute. Mediation will first be attempted, but if this does not end in a resolution both parties present their evidence to a tribunal member. The tribunal member will then make the decisions for the case.
Victorian Ombudsman and Industry Ombudsman - The Victorian Ombudsman is available to assist when consumers have payed for goods or services from a government body. Whilst specific industry ombudsman assist with consumer complaints in various industries. The telecommunications industry ombudsman is an example of a industry ombudsman.
