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Lesson 5:

Consumer Protection Act


2007

NOTE: The current curriculum refers to the Consumer


Information Act 1978 which was the predecessor to the
Consumer Protection Act 2007.
Exam answers should refer to the Consumer Information
Act 1978. Reference may be made to the Consumer
Protection Act 2007, but such references should be clearly
highlighted.

Overview of Lesson
The Consumer Protection Act 2007:
Established the National
Consumer Agency
Deals with misleading claims about
goods, services and prices
Deals with EU Directives on unfair,
aggressive, misleading and
prohibited commercial practices

Consumer Protection Act


2007
The Consumer Protection Act 2007 came into
effect in Ireland on 1 May 2007
It replaced the Consumer Information Act,
1978
It also replaced many older consumer laws,
some of which dated from the 19th century
Its main function was to establish the National
Consumer Agency

Functions of
National Consumer Agency
The main functions of the NCA are to:
Inform consumers of their rights through
consumer information
Promote a strong consumer culture through
consumer education and awareness
Help businesses comply with consumer law through its
enforcement activities, and,
Represent consumer interests at all levels of local and
national consumer policy development through targeted
research and forceful advocacy

Activities of
National Consumer Agency
In carrying out its functions, the NCA
performs various activities, e.g.
Work with and consult consumer groups
Conduct or commission research into areas of
consumer interest
Promote public awareness and conduct consumer
rights information campaigns
Raise awareness of consumer rights in young people through
educational initiatives (Shop Smart, quizzes)
Prepare and publish guidelines for traders
Perform the functions previously carried out by the Director of
Consumer Affairs

Powers of
National Consumer Agency
In carrying out its functions, the NCA has
various powers, e.g.:
To advise and make recommendations on any
legislation or policy which is likely to impact on
consumer protection
To make proposals for new legislation
To appoint authorised officers to enforce consumer legislation.
These officers have the right to enter premises, get
documentation and other evidence in relation to any trade or
business which is being investigated. They have the right to be
accompanied by the Gardai, if necessary and apply to the courts
for search warrants

Misleading Claims
Under the Consumer Protection Act, 2007 it is a an
offence for any retailer, service provider,
manufacturer or advertiser to make a false or
misleading claim about themselves (e.g. that they are
members of a trade association when they are not),
or goods, services or prices
It is an offence to sell goods that have a false or
misleading description
It is also an offence to omit to give a consumer
material information about a product or service (e.g.
not telling a buyer that a car has been crashed
because they didnt ask the question)

(i) Misleading Claims about


Goods
Claims about ingredients, performance
and weight must be truthful
Examples of misleading claims about
goods include:
Trader selling second-hand cars which have been
clocked, i.e. the odometer has been tampered
with to show a reduced mileage
Claim that a product will help remove dandruff when there is no
proof that it will do so
Claim that a product is Made in Ireland when in fact it was
produced elsewhere

(ii) Misleading Claims about


Services
Claims about the manner, place or time in
which a service is provided and claims about
the effect of a service must be true
Examples of misleading claims about
services include:
A claim that a service is provided within 24 hours if it
will actually take longer, e.g. dry cleaning, photo
developing
A claim a service is available nationwide if it is not
available throughout the country
A claim that a satellite television package includes
sports channels which are in fact only available at an
extra subscription cost

(iii) Misleading Claims about


Prices
Previous prices, actual prices and
recommended prices of goods must be stated
truthfully
Example: when a retailer advertises an
items previous price in a sale, the item
must have been on sale at that price for
28 consecutive days in the previous
three months

EU Directives
The Consumer Protection Act 2007 brings
into Irish law an EU Directive on unfair,
misleading and aggressive commercial
practices
In short, sellers may not use practices that
may lead to consumers buying products or
services that they would not buy under
normal circumstances

(i) Unfair Practices


An unfair practice occurs when there is a
breach of good faith and a consumer is
denied a reasonable standard of skill and
care
Example: a trader whose business is carrying out
home improvement work cold calls potential elderly
customers. He attempts to sell his services to the
consumer on the doorstep and attempts to start work
without permission, after telling the consumer that the
roof is in need of repair when this is not the case

(ii) Misleading Practices


A practice is misleading if it contains false or
untruthful information or deceives the
consumer
Example: a bakery placing a sign in the window
stating: Our Award Winning Bread. Unless the
bread has genuinely won an award this would be a
misleading practice

(iii) Aggressive Practices


Aggressive in this context means the use of
harassment or undue influence on the consumer
Examples include:
A mechanic has a consumers car at his garage and
has done more work than agreed. He refuses to
return the car to the consumer until he is paid in full
for his work. The mechanic had not checked with
the consumer before carrying out the extra work
A trader takes consumers to a holiday club
presentation at a distant location, with no apparent
return journey unless consumers sign a contract to
purchase another holiday

(iv) Prohibited Practices


The CPA also contains 32 specifically prohibited
practices including:
Claiming an item is free if you have to pay more
than the reasonable cost of responding to the
offer or having the item delivered
Commercial sellers creating an impression that
they are private sellers
Telling a consumer they have won a prize where payment is
required in order to claim that prize
Seeking payment for unsolicited goods, or the return of those
goods
Claiming the business is closing down when it is not

Summary of the Lesson


The Consumer Protection Act 2007:
Established National Consumer Agency
Deals with misleading claims about goods,
services and prices
Deals with EU Directives on unfair,
aggressive, misleading and prohibited
commercial practices

Elements of the
Consumer Protection Act
2007

Role Play
In pairs, read the role play scenarios
Choose one and prepare a likely
conversation that would take place between
the main parties involved
Each role-play should last no longer than one
minute