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The main provisions of the Consumer Protection Act 2007

1. The act deals with unfair business to consumer practices; it established the National
Consumer Agency which replaces the Director of Consumer Affairs.
2. Claims made about goods and services, such as advertising/claiming a jumper is 100% pure
wool when its not.
3. Claims about prices of goods and services, such as quotas per customer, or prices in different
countries.
4. Aggressive retail practises such as harassment and coercion, taking advantage of vulnerable
consumers.
5. Prohibited practices, false claims such as free prizes when it costs to get them, pyramid
scheme, demanding payment for unsolicited goods.
6. Price controls , prices displayed must be inclusive of charges/fees/taxes
7. Enforcement, the act provides for enforcement mechanisms through the NCA; Prohibition
orders/compliance orders/ on the spot penalties/ publication of offenders.

Functions of the National Consumer Agency
1. Promote and protect the interest and welfare of consumers
2. Enforce and encourage compliance with the relevant consumer law
3. To investigate suspected offences under any of the relevant laws
4. Where appropriate refer cases to the director of public prosecutions
5. In its advisory role the can make recommendations or raise concerns about consumer
protection legislation
6. The NCA also had the power to make proposals for new legislation
7. Responsibility to provide consumer information on financial services

Aggressive practices prohibited
1. The use of harassment or coercion, this means making someone do something against their
better judgement. Not being allowed to say no.
2. Use of threatening or abusive language or behaviour is outlawed.
3. Targeting and putting undue pressure on a vulnerable or older customer.
4. Persistently cold calling after being asked to leave or stop, sales persons calling
unannounced without an appointment
5. Demanding payment for unsolicited goods, inertia selling.
6. Pyramid schemes are outlawed as they are a scam and people at the end of the scheme will
not get paid.

Non-legislative conflict resolution
1. Meet and negotiate; consumer should return the goods to the retailer and talk with the
manager and try to solve the problem with the store (having stopped using the good ASAP
and with a copy of the receipt).
2. If unsuccessful the consumer should write a formal letter of complaint sent to the store and
head office if necessary.
3. Independent third party intervention; make contact with the relevant trade association or
the Consumer Association of Ireland(non-statutory organisation) for mediation.

The Small Claims Court
Administered by the Small Claims Registrar of the District Court, it deals with claims up to 2,000
limit. It costs 18 for a claim and there is no need for a solicitor therefore saving money. A complaint
form is filled in and this can be done on line. The findings are not legally binding but if a retailer
doesnt accept the findings and loses their case in court they are responsible for costs. Legal action
at a low cost.

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