Chapter 9: Protecting the Consumer Consumer Laws

Reasons for Consumer Protection Unsafe or Low Quality Goods Unsafe or Low Quality Goods Overcharging and incorrect weights Overcharging and incorrect weights Misleading Advertisements Misleading Advertisements Slick sales method Slick sales method

Consumer Laws Sale of Goods and Supply of Services Act 1980 Sale of Goods and Supply of Services Act 1980 Consumer Information Act 1978 Consumer Information Act 1978

Sale of Goods and Supply of Services Act 1980 Merchantable Quality Merchantable Quality Goods and services should be of reasonable quality considering the amount paid Goods and services should be of reasonable quality considering the amount paid Fit for their purpose Fit for their purpose Goods should be able to perform their normal tasks Goods should be able to perform their normal tasks

Sale of Goods and Supply of services 1980 As described As described Goods sold by description should match the description Goods sold by description should match the description Correspond to sample Correspond to sample Goods sold by sample should match the description Goods sold by sample should match the description Suppliers of services must be qualified Suppliers of services must be qualified A seller must be able to do the work properly A seller must be able to do the work properly

It is the seller's responsibility to put things right if there are problems. It is the seller's responsibility to put things right if there are problems. The contract is between the a consumer and seller. In return for payment the goods should meet certain conditions The contract is between the a consumer and seller. In return for payment the goods should meet certain conditions

Illegal signs Sellers cannot get out of their responsibilities by displaying certain signs Sellers cannot get out of their responsibilities by displaying certain signs

‘All items on this rack half price- items soiled’ One cannot return goods for a flaw that the seller has already said to be present One cannot return goods for a flaw that the seller has already said to be present Cavet Emptor Cavet Emptor

Consumer Information Act 1978 Protects consumers against false or misleading claims about goods or services Protects consumers against false or misleading claims about goods or services This law is enforced by the Director of Consumer Affairs This law is enforced by the Director of Consumer Affairs

Consumer Information Act 1978 Forbids suppliers giving any misleading info about: Forbids suppliers giving any misleading info about: Goods Goods Services Services Price Price Quality Quality

Consumer Information Act 1978 Goods on sale must have been on sale at the higher price for at 28 days in the previous 3 months. Goods on sale must have been on sale at the higher price for at 28 days in the previous 3 months. Forbidden to publish any ad that is likely to cause loss, damage or injury to the public Forbidden to publish any ad that is likely to cause loss, damage or injury to the public

Food Labels Clear, legible and understood Clear, legible and understood Show name of food Show name of food Show actual selling price and unit price per kg Show actual selling price and unit price per kg Show use by, sell by and best before date. Show use by, sell by and best before date.

Bar Codes and Symbols Series of lines on goods that allow computers to identify products Series of lines on goods that allow computers to identify products Scanned at check outs- speeds up transactions Scanned at check outs- speeds up transactions Less mistakes Less mistakes Records stock Records stock Provide info about the product Provide info about the product

Bar Codes and Symbols Symbols of quality Symbols of quality It tells the buyer that the good is of good quality It tells the buyer that the good is of good quality It provides info on the country of origin, company, product number, price and weight It provides info on the country of origin, company, product number, price and weight

Unit Pricing Unit pricing shows the price per kilo/litre Unit pricing shows the price per kilo/litre It enables a consumer to decide what is the best value. It enables a consumer to decide what is the best value. Food labels must show the price per kilo/litre rather than overall price. Food labels must show the price per kilo/litre rather than overall price. Consumers can compare prices the best prices per kilo/litre rather than total price by using the formula Consumers can compare prices the best prices per kilo/litre rather than total price by using the formula Price Price______ Quantity Quantity

Consumer Protection Agencies 1. Enterprise Ireland 2. Trade Associations 3. Office of the Director of Consumer Affairs 4. Small Claims Court 5. Consumer Association of Ireland 6. Office of the Ombudsman 7. Ombudsman for Credit Institutions 8. Insurance Ombudsman of Ireland

1. Enterprise Ireland State Organisation that sets new standards for safety and quality of new goods & services and issues reports State Organisation that sets new standards for safety and quality of new goods & services and issues reports Operates the National Standards Authority of Ireland NSAI Operates the National Standards Authority of Ireland NSAI

2. Trade Associations Suppliers of goods and services are members of organisations which lay down standards of conduct for their members Suppliers of goods and services are members of organisations which lay down standards of conduct for their members These associations try to settle disputes between members and customers These associations try to settle disputes between members and customers E.g. Irish travel agents association ITAA E.g. Irish travel agents association ITAA

3. Office of the Director of Consumer Affairs Enforces the Consumer information act 1978 Enforces the Consumer information act 1978 Publishes booklets advising consumers of their rights Publishes booklets advising consumers of their rights

4. Small Claims Court Deals with consumer claims up to €1,270 Deals with consumer claims up to €1,270 Handles claims speedily – no solicitors needed Handles claims speedily – no solicitors needed Fee of €9 Fee of €9 Need to settle dispute with seller before going to the small claims court Need to settle dispute with seller before going to the small claims court

5. Consumer Association of Ireland Voluntary Body Voluntary Body Advises consumers about goods and services and laws affecting them Advises consumers about goods and services and laws affecting them Consumer Choice magazine Consumer Choice magazine

6. Office of the Ombudsman Investigates complaints by members of the public against state organisations Investigates complaints by members of the public against state organisations E.g. government departments E.g. government departments

7. Ombudsman for Credit Institutions Deals with complaints against banks and building societies. Deals with complaints against banks and building societies. Try to deal with the dispute with the bank before you call upon the ombudsman Try to deal with the dispute with the bank before you call upon the ombudsman

8. Insurance Ombudsman of Ireland Deals with complaints against insurance companies about overcharging and compensation payments Deals with complaints against insurance companies about overcharging and compensation payments