2016 CARICOM elaborated a revised consumer protection bill.


https://carrex.caricom.org/related/Post%20LAC%2009%202016%20Revised%20Model%20Consumer%20Protection%20Bill%2010.10.16%20(3).pdf

It is a very detailed bill with 13 parts.

A short overview

Part I –Preliminary

This part provides for the interpretation of important terms.  The terms “consumer” and “supplier” are defined.  The consumer is seen as a person who acquires goods or services, that he or she receives against payment, exchange or for free. Business is defined as a professional practice or any other undertaking that is carried on for gain or reward or in the course of which goods or services are supplied otherwise than free of charge.

Part II – Consumer Affairs Commission

This part provides for the establishment of a Consumer Affairs Commission. The Commission has executive and judicial roles and determines consumer disputes between a supplier and a consumer.  So far, this Commission is not existing. It is planned that the Commission also carries out investigations and conducts education programmes. The Commission foresees in extra measures for identified groups: The Commission, shall take reasonable and practical measures, in a manner consistent with the purposes of this Act, to promote and support the development of a fair, transparent, sustainable, responsible, efficient, effective and accessible consumer market generally, and in particular, shall meet the needs of the following persons – (i) minors, the elderly and other similarly vulnerable consumers; and (ii) consumers whose ability to read and comprehend advertisements, agreements, marks, instructions, labels, warnings or notices is limited by reason of low literacy, vision impairment or limited fluency in the language in which any such text is produced, published or presented.

The Commission may appoint or engage persons having special or technical knowledge to assist the Commission in carrying out its functions.

Part III – Complaints and Investigations

This part deals with complaints.  It is possible to make complaints to the Commission.  It is also possible to file a complaint with the courts.  These procedures are dealt in great detail in the draft Bill. Complaints must be filed within two years from the date on which the cause of action arose. However, it is only possible to file a complaint for a person who acquired something, seen as the consumre. Not the other way round that a supplier or seller may file a complaint. It seems that the complaint is free of charge, a tribunal proceeding may follow; this is well subject to a costs regime.

Part IV –Settlement of Consumer Complaints

This part deals with the Consumer Protection Tribunal. An appeal is also regulated.

Part V – Consumer Rights

This part deals with consumer rights and the handling of the complaints pending at the Tribunal.  Here we find the clear rule that a consumer has not to pay for unsolicited goods. This part recognizes the consumer’s right to choose and examine.

Additionally, the consumer has under given circumstances the right to rescind or cancel any consumer contract. Distance consumer contracts may be rescinded within ten days after the delivery of the goods. In cases of no delivery within five days after the conclusion of the contract. Within six month, a consumer may rescind a contract in the case that the supplier has not had the right licenses or registrations for his or her business.

In this part we also find a language rule referring to the official language of the Member State in which goods or services have been offered.

Part VI – Duties of Suppliers

This part deals with duties of suppliers.  The supplier is under a duty to provide information, price, proper identification, environmental factors, warranties, repairs, pricing and refunds.  No clear rules on commercial guarantees are written down. The warranty section is not clearly distinguishing the legal rights and the producers or sellers guarantee. Anyhow, all cures of non-performance shall be for no costs on the consumer. The seller’s right to cure by replacing the defective goods shall be performed in a period of only five days. Offered repair by the seller requires a clear repair record. The chosen standards are quite high and shall be in writing. Here, some more elaboration would be useful. The part foresees in a provision on dual pricing, understood as two prices in the same currency. It would be interesting to have a rule on dual pricing in two different currencies. Due to tourism and other factors often, the US Dollar price is indicated next to the local currency. A rule on this would be useful. The part mainly deals with fair business behavior. Interesting is the rule on waste disposal. Further, the part contains quite detailed rules on sales record.

Part VII – Prohibition of Unfair Trade Practices and Transactions

This part deals with unfair trade practices.  These include faults, misleading or deceptive representation.  This part also prohibits restrictive trade practices, unfair and unjust transactions.  The fair conduct of the supplier is the key feature of these rules. In the case of misconduct the consumer has access to all available remedies or may terminate the contract.

Part VIII – Unfair Terms

This part deals with unfair terms and starts with a definition: A term in a consumer agreement is unfair if, to the detriment of the consumer, it causes an imbalance in the rights of the supplier and the consumer.  A clear list of unfair terms is missing.

Part IX – Product Liability

This part deals with product liability and starts with definitions of terms like: “agricultural produce”, “damage”, “manufacture” and “producer” and “product”.  Two or more persons are liable for the same damage; their liability is joint and several.

Part X – Consumer Safety

This part provides for consumer safety and foresees in fines for supplier who do not comply with the standards set out.

Part XI – Recall of goods

This part deals with the recall of goods which may cause injury, loss or damage to any person.  The procedure in regard to the recall of goods is laid down.  A supplier may voluntarily recall any goods to avoid any prosecution under the Act. This part of the bill is already implemented in Suriname.

Part XII – Distance Selling

This part deals with distant selling between suppliers and consumers.  Unless the parties have agreed otherwise, the supplier shall execute a consumer’s order within thirty days from the day following the day on which the consumer forwarded his order to the supplier. This part will have to be more precise as it regulates cross border transactions.

Part XIII – This part deals with miscellaneous matters.  Rules on instalments can be found here as well as promotional competition. Also rules on overselling and overbooking.

The Bill is a comprehensive but very extensive piece of legislation and deals with many matters not covered by existing national legislation relating to Consumer Protection in Member States of the Caribbean Community.  It therefore serves as a reference point to harmonise legislation relating to consumer protection under Articles 184 and 185 of the Revised Treaty of Chaguaramas.  However, the level of detail and the way it is drafted is not all easy to implement into national law.