Consumer corner…

Unfair business conduct
THE COMPETITION and Consumer Affairs Bill of 2011 was assented to by Former President Bharrat Jagdeo on the 27th September 2011.  Local business entities and other stakeholders were consulted during the drafting stage of this piece of legislation. Their comments and suggestions were integrated into the Bill prior to its presentation to Parliament.
Consumer protection consists of laws and organizations designed to ensure the rights of consumers as well as fair trade, equal competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors, and may provide additional protection for the weak and less informed.
Consumer protection laws are a form of government regulation which aims to safeguard the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of ‘consumer rights’ and to the formation of consumer organizations, which help customers make better choices in the marketplace and obtain help with consumer complaints.
In addition to the Competition and Consumer Affairs Commission, other organizations that promote consumer protection include governmental committees and self-regulating business organizations such as the Guyana Consumers Association, Consumer Advisory Bureau, Police Complaints Department, The Office of the Ombudsmen, and The Consumers Movement of Guyana.

Unfair trade practices
It appears that wherever business takes place, there will be opportunities for unfair practices; therefore, a legitimate form of authority to monitor competition, ensuring that unfair practices are obliterated, is necessary.   In 1988, the introduction of the Economic Recovery Programme (ERP) indicated that the law should allow businesses to engage in voluntary correction of problems which may have affected the consumer.  If the Ministry which was responsible for the monitoring of the situation facing consumers felt that the voluntary implementation of consumer protection was not working, then the Ministry would have to introduce a mandatory system of consumer protection.
As a result of the inability of voluntary actions to work in business, legislation was implemented. The Consumer Affairs Act of 2011 clearly seeks to ensure that Unfair Trade Practices are met with sanctions.
Part V of the legislation deals with misleading and deceptive acts.  This stipulates that the supplier shall not, in trade or commerce, engage in conduct that is likely to mislead or deceive the public.  Any supplier who contravenes the law commits an offence.
Any conduct that misleads the public with regards to the nature, manufacturing process, characteristics, suitability for a purpose or quantity of goods or services is an offence.
Suppliers should seek to ensure that they do not engage in false representation by misrepresenting the brand and quality of products and services. Lately, we have seen razor blades appearing in packages labeled as Gillette, but on opening it found the brand was Lord.  In that case, efforts to trace the culprits proved futile.

Offering gifts and prizes: Suppliers should not be involved with a promotion by which they seek to attract customers by offering gifts or prizes which they have no intention of providing, or are not able to deliver.

Non delivery of goods and services: Suppliers that accept money with a promise to deliver services to a consumer on a contracted delivery date must honour such an arrangement. If the supplier fails to deliver in accordance to the set date, it shall be deemed to have acted in a fraudulent manner, and would have committed an offence.

Advertising: It is an offence for a supplier to advertise at a specified price any good or service that he has no intention to offer or supply.

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