CONSUMER PROTECTION HIGHLIGHTS Consumer Protection Act CPA has
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CONSUMER PROTECTION HIGHLIGHTS Consumer Protection Act (CPA) has been in existence for sixteen (16) years (since 1998) � The CPA is administered by Department of Trade and Consumer Affairs under the Ministry of Trade and Industry; � Section 13 of the Regulations mentions Failing to meet minimum standards and specifications as an unfair business practice. Examples are outlined in this section � Section 15 of the Regulations mentions Failing to meet minimum standards of performance as an unfair business practice. Examples are outlined in this section � Section 17 of the Regulations clearly outline the deceptive methods, acts or practices. �
PROVISION OF THE ACT The Act provides for the protection of the interests of consumers by means: v investigation; v Prohibition; v control of unfair business practice; v disseminate consumer-related information; v addressing of other related issues, such as presiding over disputes concerning unfair business practices. v provide for matters connected with and incidental to the forgoing.
REVIEW OF THE CPA Even though the Consumer Protection Act provides for the prohibition and control of unfair business practices, their definition is not broad enough to cover other aspects of unfair business practises The Department of Trade and Consumer Affairs, has since identified deficiencies in the current Consumer Protection Act, through its experience of working with consumers and businesses in complaint handling, business monitoring and other services. This has led to the CPA being reviewed to strengthen its implementation and also match the international best practices. It is proposed that the Act should have a comprehensive part elaborating the types of practises to be investigated. Such practises should match the core features of the international laws and should include the following:
NEW ISSUES TO BE INCLUDED pyramid selling, unfair contracts, false warranties, distance selling bait selling and engaging in unconscionable conduct liability for defective goods.
it is proposed that the Act should provide for stiff penalties against those who have committed infringements and deter others from contravening the Law in the future. Furthermore, a simple enforcement system combining administrative and quasi-judicial approaches in the form of a Consumer Court needs to be put in place. v Enhance functions of the office v Accreditation of Consumer Organizations v Industry Code of Conduct v
EXAMPLES OF CASES/ HOT TOPICS FACED BY THE OFFICE � � � � � Borehole drilling complaints. Resolution of these require stakeholder partnership Discrepancies regarding the sale of LPG. Resolution require stakeholder partnership Misleading advertising particularly on shelf price vs. till price Selling of expired/tainted food products No guarantee on imported vehicles Selling of poor merchantable cellphones. Resolution require stakeholder partnership Poor service by Garages failing to repair customer vehicles Selling of electronics with no guarantees Limitation of guarantee on products particularly cellphones
CONCLUSION � Stakeholder collaboration is important in achieving our mandate, which is to “ provide for the interest of consumers by means of investigation, prohibition and control of unfair business; to disseminate consumer related information; and to provide for matters connected with and incidental to the foregoing. � Government has put in place various agencies meant to address consumer complaints.
