On completion, you should be able to:
- Outline non-legislative ways of solving conflict
- Describe how the Competition and Consumer Protection Commission protects the interests of consumers
- Outline a consumer’s legal rights under the terms of the Sale of Goods and Supply of Services Act 1980
- Illustrate the provisions of the Act for both goods and services
- Illustrate the forms of redress available to consumers for a breach of the Act
- Explain the main provisions of the Consumer Protection Act 2007
- Evaluate the role of the small claims procedure
- Evaluate the role of the Office of the Ombudsman for public services
| Features | Definitions |
|---|---|
| Informing the consumer | Provides information online, on social media and via helpline |
| Enforcing consumer law | Issues compliance notices and fines, uses ‘name and shame’ |
| Conducting research into consumer issues | Publishes research on consumer behaviour to help consumers realise possible savings or improvements |
| Educating the consumer | Provides tools on its website (e.g. financial calculators) to allow consumers to compare costs |
| Advising the government | Highlights issues facing consumers and suggests law changes |
| Protecting consumers from firms dominating a market | Examines potential mergers and acquisitions, reduces likelihood of monopolies that prevent fair competition |
Provisions for goods
When sold, goods should:
- Be of merchantable quality and reasonably durable given the price paid for them
- Conform to the sample used to sell them (e.g. from a samples book or showroom)
- Be fit for purpose – able to do what they are intended to do
- Be as described/shown in advertisements, by a salesperson or on the label
Provisions for services
When sold, services should:
- Be provided by someone who has the necessary skills and is qualified
- Be provided with due care (e.g. not rushed or poorly delivered)
- Not be provided with improper or unsuitable tools. Any goods supplied with the service should be of merchantable quality
Other provisions
- Guarantees are additional protection given to the consumer; they don’t take away from the consumer’s legal rights
- It is illegal for shops to display signs reducing legal rights (e.g. ‘No refunds’)
- Goods sent to a person who has not ordered them (inertia goods) can be kept after six months if no attempt has been made to collect the goods
- When goods are bought from a retailer, it is not the responsibility of the manufacturer but the retailer to resolve customer complaints
- Forms of redress for faulty goods are (3 Rs):
- Refund: Entitled to money back for complaining promptly
- Replace: Entitled to replacement product with new or similar model
- Repair: Entitled to ask for the product to be fixed
| Features | Definitions | Examples |
|---|---|---|
| False claims about a product | A business cannot: sell counterfeit items as real items; lie about origin; lie about an award received; lie about previous usage | Selling a Tesla rip off and pretending it is an actual Tesla |
| Misleading advertising about a product | A business should be clear what is included in the purchase and what a consumer can reasonably expect. A business cannot mislead consumers when comparing products | Kelloggs said their cereal was healthier than it actually was |
| Advertising of false prices | A business must be truthful about the actual price, previous price and recommended retail price in any comparison | The Ad says that a Smart TV is €500 but it is actually €1,000 |
| Misleading price displays | A business must display prices for all items on sale; some items must be shown in a particular way (e.g. foods sold by the kilogram) | You may have to show how much 100 Grams of peanuts would sell for. Not just how much the bag of peanuts cost |
| Aggressive selling practices | The Act prohibits harassment, coercion or exercising undue influence to get someone to buy something | Someone invade your space (in public) and scream at you to buy something |
| Pyramid schemes | The Act bans (pyramid) schemes where people buy in at a certain level and then recruit more people to buy in below them in order to profit from those people | Young Living Essential Oils was getting people to pay for oils and then getting them to sell oils onto others, which would buy them into the scheme |
| Price controls | The government can impose a maximum price on certain goods in an emergency situation | If water supplies are short, the government can put in a law to make bottled water cheaper, so companies don't take advantage of the shortage and rip off people |
Inertia Selling is when an item is sent to a person without them ordering it, and then payment is demanded for that item
- For claims up to the value of €2,000 involving a consumer and a business – or involving two businesses
- Initial fee of €25 to start the procedure
- Claims can be started online on the Small Claims Court’s website or by downloading a small claims form on the CCPC website
- Consumer or business can represent themselves: no need for solicitor
- If the claim is undisputed, it will be awarded in favour of the consumer
- Up to €2,000
- Between a consumer and a business, or 2 businesses
- Initial fee of €25
- Can be started online
- No solicitor needed
- Ruled in favour of consumer, if it is undisputed
This is an impartial body that investigates consumer complaints about the activities of public bodies (e.g. An Post)
It is a last resort and will only investigate a case if the person has already tried to resolve the problem themselves
It is accessible to all and free of charge