We purchase and consume a variety of goods and services on a daily basis in what has become an increasingly consumerist society. These include the basic necessities, such as food, water and clothes, as well as some not-so-basic necessities, including cell phones, TVs, cosmetics and jewellery. Despite our reliance on local businesses for the delivery of these vital goods, as well as for the occasional ‘retail therapy’ fix, many Jamaicans are oblivious to the rights owed to them as purchasers.
However, this is rapidly changing. In an era where the practices of businesses are being widely critiqued on social media and elsewhere, it is more crucial than ever for businesses to know and respect consumers’ rights while seeking to maximize profits. In short, now is not the time for businesses to be unaware of the duties they owe to consumers under the law.
The Consumer Protection Act (‘the Act’) is the most comprehensive piece of local legislation aimed at safeguarding the rights of consumers. Enacted in 2005, the Act applies to “all persons involved in trade or business, whether through the purchasing or vending of goods and services.” Responsibility for administration of the Act lies with the Consumer Affairs Commission. Functions of the Commission include carrying out investigations at the request of consumers regarding potential breaches of the Act, carrying out investigations on its own initiative, providing information to consumers on their rights, and seeking to resolve disagreements between sellers and consumers.
The Act imposes a number of duties on ‘providers’, who are defined as persons who sell goods or provide services or facilities, whether on a regular basis or as a single transaction. The key considerations under the Act for wholesalers and retailers as it relates to the sale of goods are highlighted below:
Information to Consumers
Before a consumer pays for any goods, providers must provide, verbally or in writing in English, all information concerning the goods being sold. This information includes the origin, as well as details on care, components, proper use, weight, size, instructions for assembly and installation of the goods (where applicable). Additionally, businesses who quote their prices in US dollars without the Jamaican equivalent, such as some upscale boutiques, may find themselves falling afoul of the Act, as it is a requirement for the price in Jamaican dollars to be indicated before payment is made.
Measurement of Goods
Consumers are entitled to check the weight, volume or other measurement of goods that they are purchasing where such measurement materially affects or determines the price of the goods. Some examples of these goods would be rice, flour, sugar, meats and so forth. In furtherance of this, providers are required to provide appropriate measurement standards for use by the consumer at the time of purchase. Selling goods by weight of a lesser quantity than what is described as being supplied (i.e. selling at short weight) is an offence.
Receipts
Providers are required to give receipts to consumers where goods or services are purchased. Receipts must detail: the amount paid, the date of purchase, a description of the goods sold; and the professional fee charged (where applicable). Therefore, receipts which only list the prices and item numbers of products are insufficient.
Warranties
Providers are required to issue explicit warranties in relation to their goods or services, whether they are new or used, and whether the service offered is the repair of any appliance, furniture, equipment or other good. If no explicit warranty is issued, an implied warranty of six months on parts and labour will attach to the transaction. However, where an explicit warranty is provided, it is at the provider’s discretion. As such, it is very important for businesses to explicitly indicate a warranty period, particularly where it is intended for this period to apply for less than six months. Additionally, manufacturers’ warranties that are attached to goods or services sold or provided in Jamaica (whether the manufacturer operates from within or outside of Jamaica) are deemed to extend to the provider in Jamaica, who will be liable to the consumer for this warranty.
Damaged Goods
A provider will be responsible for the repair or replacement of a good (at no cost to the consumer) where: (a) the product fails to provide the benefit and uninterrupted enjoyment for which it was intended; and (b) the failure is determined to not have been due to the consumer’s negligence within the warranty period.
Defective Goods
Goods may be returned where a consumer is encouraged to acquire goods by a provider’s declaration or description of the goods and the consumer later discovers that the goods are “defective or different in a material particular from those declared or described”. Examples of this may include selling a television which is materially smaller than the size described, or which lacks a core advertised feature, or selling computer products advertised with incorrect technical specifications. Where the goods are returned, the consumer must be offered monetary compensation to the value of the goods. However, a consumer is not entitled to a refund where the product is in every way similar or identical to the one described, and he simply decides he does not want it after leaving the place of purchase.
Electrical Goods
If an electrical good believed to be functional and operational is purchased, and the consumer later discovers that it is faulty or non-functional, he will either be entitled to an exchange for a new, similar product free of cost or a refund.
There are additional obligations imposed on providers of goods and services under the Act that businesses ought to be aware of. Given the current consumer climate and widespread sharing of information, it would be advisable for wholesalers and retailers of all sizes to consult an experienced Attorney-at-Law for detailed advice on the rights of consumers, the duties of providers and the preparation of comprehensive operational policies tailored for full compliance with the Act.