The Consumer Protection and Business Practices Act consolidates several consumer protection laws. It sets out obligations for suppliers in their interactions with consumers, as well as obligations for consumers. Consumers, for example, are required to make reasonable effort to minimize any losses and to attempt to resolve disputes with suppliers before taking further action.
For information about consumer protection laws select from the options below.
The Act makes it an offence for a supplier (retailer, manufacturer, or distributor) to engage in an unfair practice. An unfair practice includes making a false claim or doing or saying anything, or failing to do or say anything, that might reasonably deceive or mislead a consumer. It also prohibits taking advantage of consumers who cannot protect their own interests.
While not a complete list, some examples of unfair practices are listed here.
Except as specifically excluded by legislation, suppliers must offer minimum warranties, known as “statutory warranties,” whenever they sell a new or used consumer product.
Statutory warranties include the following requirements:
The Act provides that when consumers receive unsolicited good, they have no legal obligation to pay for the goods, unless they acknowledge, in writing, that they intend to accept the goods.
Consumer contracts are contracts for goods and services between consumers and suppliers.
Consumer contracts include:
The Director has the power to conduct inspections and investigations under The Act, including the right to enter premises and to search and seize documents.
When people fail to comply with The Act, the Director may order them:
The Director may also take a supplier to court to force compliance with The Act. A consumer who has suffered a loss may commence an action in court against a supplier.
It is an offence to contravene any provision of the legislation. The penalties are:
Corporations, of course, cannot be jailed. Prosecutions must be commenced within three years of the Director learning the facts of the offence.
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