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6762787
CONSUMER PROTECTION ACT 2007
Description
mind map on consumer protection act 2007
No tags specified
business studies
leaving cert
consumer protection
conflict resolution
act
gaeilge/irish
leaving certificate
Mind Map by
aslhey dogherty
, updated more than 1 year ago
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Created by
aslhey dogherty
about 8 years ago
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0
Resource summary
CONSUMER PROTECTION ACT 2007
AIM
SEEKS TO UPDATE + MODERNISE CONSUMER LAW
ESTABLISHED NCA
FUNCTIONS
PROMOTE + PROTECT INTEREST OF CONSUMERS
ENFORCE + ENCOURAGE COMPLIANCE OF RELEVANT CONSUMER LAWS
INVESTIGATE SUSPECTED OFFENCES
REFER CASES TO DPP
ADVISORY ROLE
MAKE PROPOSALS FOR NEW LEGISLATION
TAKEN OVER FINANCIAL REGULATORS RESPONSIBILITY TO PROVIDE CONSUMER INFO ON FINANCIAL SERVICES
DEALS WITH UNFAIR BUSINESS TO CONSUMER COMMERCIAL PRACTICE
CLAIMS MADE ABOUT GOOD AND SERVICES
It is illegal for an advertiser to make false or misleading claims about a good / service
WITHHOLDING OF MATERIAL INFO IS ALSO CONSIDERED MISLEADING
FALSE CLAIM
SIMPLY UNTRUE
e.g. JUMPER IS 100% WOOL, IT ISN'T
MISLEADING ADVERTISEMENT
MAY NOT BE ENTIRELY UNTRUE
e.g. PHOTO OF TOP OF RANGE CAR CONTAINING PRICE FOR MOST BASIC MODEL
CLAIMS ABOUT USAGE AND PRIOR HISTORY MUST BE TRUE AND ACCURATE
CLAIMS MADE ABOUT PRICES
IF PRODUCT / SPECIAL OFFER IS ONLY AVAILABLE IN LIMITED / CERTAIN RETAIL OUTLETS, MUST BE CLEARLY STATED
e.g. DUNNES NI
CUSTOMER QUOTAS MUST BE CLEARLY STATED
CAVEAT EMPTOR - let the buyer beware
ILLEGAL TO SAY TV @ £450 IS A GENUINE REDUCTION UNLESS SAME TV AT HIGHER PRICE ON SALE IN SAME PLACE FOR AT LEAST 28 CONSECUTIVE DAYS IN PAST 3 MONTHS
AGGRESSIVE RETAIL PRACTICES
PROHIBITS HARASSMENT + COERCION
USE OF THREATENING / ABUSIVE LANGUAGE / BEHAVIOUR
nb LAW OF THE CONTRACT - consent to contract
PROHIBITED PRACTICES
MAKING FALSE CLAIMS ABOUT CURES
OFFERING FREE PRIZES THAT COST MONEY TO CLAIM
COMPETITION / TOP PRIZE NOT AVAILABLE
PERSISTENTLY COLD CALLING -sales person unwanted / univited
DEMANDING PAYMENT FOR UNSOLICITED GOODS
PYRAMID SCHEMES - scams
PRICE CONTROLS
DECISION OF GOVERNMENT
PRICES MUST BE DISPLAYED IN A CERTAIN MANNER
CODES OF PRACTICE
NCA MUST APPROVE CODES OF PRACTICE DRAWN UP BY TADERS
ISSUE GUIDELINES ABOUT CONSUMER PROTECTION + ISSUE WELFARE QUALITY SCHEMES
ENFORCEMENT
ACCEPT IN WRITING THAT PROHIBITED PRACTICES WILL CEASE
APPLY FOR A PROHIBITION ORDER FROM CIRCUIT / HIGH COURT
SERVE COMPLIANCE NOTICE TO TRADER NCA BELIEVES ENGAGED IN ILLEGAL ACTIVITY. 14 DAYS TO APPEAL. FAILURE TO COMPLY = CRIMINAL PROCEEDINGS
SERVE ON-THE-SPOT PENALTIES FOR OFFENCES RELATING TO PRICES e.g. pubs must have price lists displayed
PUBLISH CONSUMER PROTECTION LIST - list of traders convicted of criminal offences - updated regularly
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