CONSUMER PROTECTION

Safeguarding the interests of consumers is part of the general mandate of the Fair Trading Commission.

The Commission will enforce the provisions of the proposed Consumer Protection Act which is part of a package of new measures being introduced to protect consumers in the domestic marketplace.

Under this new legislation is it expected that the Commission will be charged with:

• monitoring standard form consumer contracts to ensure the terms are fair and reasonable;
• raising standards of consumer care by the development and enforcement of industry codes.
• investigating general business conduct and trading practices

Unfair Terms in Consumer Contracts
The Commission will be vigilant in monitoring the terms in standard form contracts to ensure that they are fair and reasonable and easily understood by consumers. Businesses will be encouraged to draft contracts in Plain English.

Unfair Trade Practices
Unfair trade practices legislation generally seeks to ensure that businesses trade fairly and provide accurate information to purchasers of goods and services.

Trade practices which may be considered unfair include making exaggerated advertising claims, making false or misleading representations about a product and refusing to sell goods at the displayed price.

These practices are normally treated as criminal offences and entitle individuals to seek compensation for loss or damage resulting from this conduct.

Industry Codes
The new legislation should facilitate the development of Industry Codes of Practice. Industry Codes will establish standard levels of best practice for each business sector and will generally be developed in conjunction with the particular sector.

Codes contain quick and informal complaint handling mechanisms and provide a useful method for businesses to grant consumers compensation whilst promoting good business practices.