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Chapter 14: Protecting the Consumer, image - Coggle Diagram
Chapter 14: Protecting the Consumer
Writing a letter of complaint
Describe the details of the purchase.
Give the details of the complaint and show how the situation breaches consumer law.
Explain what remedy or redress you want
Sale of Goods and Supply of Services Act 1980
This law protects consumers by stating that every time a consumer buys goods or services, a
contract
exists. A contract is a
legally binding
agreement, the terms of the contract are that:
Goods sold should be of
merchantable quality
(fit to be sold in a shop) e.g.
football boots should be clean and und unworn and in their packaging
Goods sold should be
fit for their purpose
(be able to do what they are supposed to do) e.g.
a rainproof jacket should keep out the rain
Goods sold by description should
match their description
e.g.
a packet of 12 biscuits should have 12 biscuits inside
Goods sold by sample must
match the sample
e.g.
carpet or wall paper
Suppliers of services must be
qualified to provide the service
they are charging for.
Redress
If any of these terms are broken, it is the
seller's fault
. The consumer is entitled to some form of redress. There are 3 kinds of redress, known as the 3Rs:
Refund
- Get your money back
Replacement
- Get the
same or an alternative
product that is free of charge.
Repair
- The item may be fixed free of charge
Credit Note
- A voucher you receive if an item is faulty, voucher can only be used in the shop and can be
refused
A
Guarantee
is a promise by the manufacturer or company that it will sort out any problems with a product or service within a specific, fixed period of time. It is usually free and it is
legally binding
A
Warranty
is like an insurance policy for which you must pay a premium. It is
legally binding
Consumer Protection Act 2007
This law provides
protection to consumers
regarding
misleading claims about goods, services or prices
A
False claim
is one that is
untrue
A
false claim
about a
good
- A claim that a product is made in
Ireland
when in fact it is made
elsewhere
A
false claim
about a
service
- A claim that a service is available
throughout the country
when it is available only in
Cork and Galway
A
misleading claim
may be
partly true
but may cause the consumer to believe something that is
not true
e.g.
if some important information was left out
. This applies to information given to consumers in
Descriptions
of goods and services
Advertisements
or signs about products or services
Price
information about products or services
Claims
about products or services
A
misleading claim
about a
good
- A claim that a product will
remove acne
when there is
no scientific proof that it can
A
misleading practice
about a
service
- A claim that a service will be provided
within one hour
if it will take
longer
Misleading Practices
Misleading
: This occurs when
false or untrue information
is used to
deceive
the consumer, e.g.
a butcher displaying a sign indicating it is an award-winning business when its has not won any awards.
Aggressive
: This occurs when
harassment, physical force or influence
are used to
force
a consumer into buying a product e.g.
mechanic carrying out more work on a car than was agreed in advance and refusing to return the car until the work has been paid for
Prohibited
: The law lists 32 specific practices that are banned, for example:
Telling a consumer that they have won a prize and then demanding payment to claim the prize
Claiming a business is closing down when it is not
Who can help you if you have a consumer complaint?
Competition and Consumer Protection Commission (CCPC)
Commission for Energy Regulation (CER)
Commission for Communications Regulation (ComReg)
Financial Services Ombudsman (FSO)
The Office of the Ombudsman
Small Claims Procedure