THE Consumer Affairs Bill 2011 in addition to providing the necessary protection to consumers in Guyana will also address Unfair Trade Practices, which are perpetrated by some suppliers. According to Minister of Tourism, Industry and Commerce, Manniram Prashad, this is another vital aspect of this piece of legislation, which provides for the promotion and protection of consumers in Guyana.
In addition to stressing the importance of consumer’s rights, the Bill also highlights the roles that businesses and suppliers ought to adopt in the market place to ensure fair transactions.
Prashad explained: “This legislation ensures that suppliers provide sufficient information to consumers to inform their decision on whether or not to buy a product or service – based on the price they are being charged, the quality and functionalities of the product and/or service, the contractual rights and obligations of the supplier and of the consumer.”
He noted that when consumers have access to adequate information, this would ensure that businesses in turn benefit more by being able to supply the right goods and services in the market place.
With respect to the importance of focusing on Unfair Trade Practice, Prashad acknowledged that there are many businesses, which attempt to fleece consumers by misleading or misrepresenting goods and services offered.
Unfair trade practices include Misleading or Deceptive Conduct, this is an attempt to misinform the public about goods and services. False Representation: this happens when a supplier falsely represent that goods are of a particular brand, kind, standard, quality, style and model. Bait Advertising: this usually happens when a business advertises goods at a certain price but does not have a reasonable supply for customers to buy, and urges them to buy higher-priced or lower-quality goods. Referral Selling: this is when a consumer is persuaded to buy goods or services by promises of a rebate, commission or other benefit for supplying information that helps the trader sell to other consumers, and the consumer does not get the promised benefit unless some other event happens after the agreement is made, among others.

Enforcement of the Bill
Prashad emphasised that when the Bill is enacted these and other such practices will become illegal and as such, those found guilty will face penalties according to the laws.
In terms of the Enforcement of this Bill, the Competition and Consumer Affairs Commission may apply to the Court to enforce this Act against a person for compensation, damages and any other remedies as it may see fit.
He noted that the Function of the Commission under this Bill includes investigating complaints and form opinions on whether the Act have been breached; taking prescribed actions to remedy breaches; providing information to consumers on their rights; and implementing educational programmes for the benefit of both consumers and suppliers.
“If one commits an offence under this Act, the Court may order penalties for breach of any provision of the Bill, penalties can range from G$20,000 to G$1,000,000 and up to one year imprisonment,” Prashad explained.
In imposing a penalty, the court shall take into consideration whether the defendant’s business is large, medium, or small, the severity of the offence and whether the offender is a serial offender, and issue judgment accordingly.
Meanwhile, he emphasized that the suppliers also have rights too, if a supplier after mediation is not pleased with the written decision of the Commission, that supplier may within fifteen [15] days after the date of that decision appeal to a judge of the court.
“Once the Consumer Affairs Bill 2011 is enforced, consumers will be educated of their rights, and suppliers will be educated of their obligations and responsibilities to the consumers,” Prashad asserted.