The Importance of the Consumer Protection Act In

The Importance of the Consumer Protection Act In Ensuring Service Delivery PRESENTATION BY MS. R. SIYACHITEMA EXECUTIVE DIRECTOR OF THE CONSUMER COUNCIL OF ZIMBABWE

Background Zimbabwe lacks a definitive Consumer Protection Mechanism at law, with the result that. . Consumer protection is minimal, at best, across a the spectrum of industries. Consumer rights are only upheld through a system of the ‘good will’ of the supplier or service provider. Further, For redress, the only consumer watch-dog in the country operates from a platform of ‘persuasion’, with the service providers not duty-bound to conform to the issues raised by the CCZ.

BRIEF CONTEXT The hyper-inflationary era between 2005 -09 refers. The default operational attitude was ‘the consumer should be grateful to be receiving a service, any service’ Industries ignored thier own internal mechanisms for dealing with consumers The concept of consumer rights was equally ignored. Traits of this are still with us to this day

Customer and consumer rights in the absence of a Consumer protection mechanism. Consumer and customer rights in this context are UNSUSTAINABLE. Seemingly meaningful noises are made relating to treating the 'customer as king’ The amount of reports of market abuse are far outnumbered by events that are going unreported due to consumer ignorance and often industry complicity. And this points to the urgent need for the creation of a CPA

Customer and consumer rights in the absence of a Consumer protection mechanism. Consumer Rights, like all other rights, . . . need to universalised, holding true across all industries, everywhere and at all times under the same circumstances in the same jurisdiction. Presently such considerations as race, gender, location of business and income bracket inform service providers’ and suppliers’ attitude. In addition, the present environment has nurtured the entrenchment of a lack of accountability by the emerging tech-based industries and service providers.

international best practice Regionally the SADC Declaration on Regional Competition and Consumer Policies and globally the UN Guidelines on Consumer Policies *recognise and enunciate the rights of the consumer. Further, the two bodies require signatory governments to accordingly enshrine them in the Constitution. Zimbabwe is a signatory. Already in the region, South Africa, Malawi and Zambia have enacted such definitive legislation, proving that it is possible to give consumer rights legal standing.

Customer and Consumer Rights THE CONSUMER PROTECTION BILL

The rationale The consuming public has rights and those who provide them with services are. . a) Duty-bound/obliged to ensure that they are aware of these rights and uphold them b) Aware that any failure to do so will result in corrective and even punitive measures being taken c) Aware that these rights are constant and universal. . .

the consumer protection bill The CPA is meant to: 1. be as comprehensive as possible to ensure that regulators, legislation and policy do not perennially play catch up 2. create a platform wherein business practices operate from a standard in relation to consumer rights. 3. be alive to the emerging technologies and markets with the view of protecting the consumer. 4. Pay particular attention to the customer services sector, ensuring that consumers’ right to privacy is strictly upheld.

the consumer protection bill The CPA is also meant to: 1) Ensure that the consumer is aware of his/her 2) 3) 4) 5) responsibilities. . . Mandate consumer education and by the consumer activist groups, government depts e. t. c Encourage the dissemination of information beneficial to consumers using various platforms Facilitate frameworks for regional and international cooperation in the area of consumer protection, particularly in this era of regional integration and globalisation. Ensure policies are in tandem with international trade obligations.

The Case of the Customer Services Industry. TRANSACTIONS IN AN IMPERSONAL ENVIRONMENT.

Key Consumer Rights The Right to Information: the CPA needs to ensure that operators in the industry live out their duty to provide full and truthful information on services or products being marketed. The Right to Chose: the CPA needs to compel the operators in the industry to be truthful, particularly regarding alternates. Advantage of the lack of personal presence to investigate has to be punished.

Key Consumer Rights/Concerns The Right to Privacy: consumer information has to be held sacred. The CPA has to create mechanisms of ensuring that the said information is not exploited for any purposes outside the parameters of the consumers intentions. Competence: consumers to be protected from the services and results of services emanating from poorly trained ‘voices’. Here the consumer right for redress begins to figure in.

Call Centres and Consumer Redress Concerning consumer redress some of the frameworks are in place, to aid in good customer services, including. . . a. toll free numbers b. & call centres, c. customer relations desks d. complaints desks, e. commitments for redress

Call Centres and Consumer Redress However, the above is not enough. For starters, The Call Centres and Toll Free Numbers need to be both functional and manned. 2. The Customer Relations and Complaints Desks have to be pro-actively operational. 3. Both of the above need to be geared towards initiating redress where necessary. 4. Further, as this cluster represents channels of redress, the aspect of expediency needs to be central in how calls are taken and dispensed with. 1.

IMPORTANT REFERENCES Universal Consumer Rights http: //www. consumersinternational. org/who-we-are/consumer-rights UN Guidelines for Consumer Protection http: //www. consumersinternational. org/media/33866/consumption_en. pdf SADC Declaration on Regional Cooperation on Competition and Consumer Policies http: //www. sadc. int/files/4813/5292/8377/SADC_Declaration_on_Competition_and _Consumer_Policies. pdf

Conclusion Technology now dominates commerce and the CPA needs to appreciate this. The point is not to be defensive but accomodative. Equally technology-exploiting industries like contact centre/call centre need to operate in a spirit of good faith. The CPA will therefore serve to assist both industry players and consumers in transacting in such a spirit.

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