On Monday, May 11, 2009 the Consumers Affairs Division in the Ministry of Tourism, Industry and Commerce invited the Consumers Association to examine the Consumer Protection Bill 2006. The Guyana Consumers Association found flaws in the bill and recommended that it be returned to the legal department for revision.
The explanatory memorandum provides the reasons for the bill. It states:
“Explanatory memorandum
This Bill provides for the promotion and protection of consumer interests in relation to the supply of goods and services and sets up a Consumer Affairs Commission and a Consumer Protection Tribunal.
This Bill is divided into 8 Parts and has 3 Schedules.
“Part 1 (Preliminary) sets out the short title, defines expressions used in the Bill, and provides that, when enacted, the Bill subject to certain conditions may apply to public utilities.
“Part 2 (Consumer Affairs Commission) sets up the Consumer Affairs Commission and specifies the Commission’s object and functions. Schedule 1 sets out the constitution of the Commission and other related matters.
“Part 3 (Investigation of Complaints) sets out the procedure to be followed by the Commission in investigating complaints by consumers. The Commission is empowered to summon witnesses, using the form set out in Schedule 2, to attend before the Commission, give evidence, and produce documents.
“Part 4 (Duties of Suppliers) imposes several duties on suppliers, including:-
(a) giving consumers information about goods;
(b) providing measuring equipment to consumers when selling goods by reference to measurements;
(c) giving receipts and explicit warranties to consumers;
(d) compensating consumers for damage caused by goods during normal use;
(e) replacing or repairing defective goods;
(f) giving refunds for goods that are materially different from those requested;
(g) providing exchanges or refunds in the case of faulty electrical goods;
(h) providing only services that are requested by consumers;
(i) keeping records about repairs and giving a copy to consumers before starting repairs;
(j) presenting accurate claims for payment of instalments by consumers; and
(k) giving refunds or rebates when a consumer does not receive a benefit attached to a contracted service.
“Part 5 (Unfair Trade practices) bans a range of misleading or deceptive conduct in relation to the supply of goods or services, including:
(a) false or misleading representations or conduct liable to mislead the public about goods or services;
(b) advertising goods or services at a special price unless the supplier intends to supply those goods or services at that price; and
(c) accepting consideration for goods or services where the supplier does not intend to supply those goods or services, or where the supplier intends to supply materially different goods or services.
“Part 6 (Unfair Contracts) prevents suppliers from excluding or restricting their liability by reference to a contractual terms or a notice, unless the term or notice is fair and reasonable. Excluding or restricting liability for death or personal injury arising from negligence is unlawful. Suppliers also cannot contract out of a condition or warranty imposed or implied by a written law. A contractual term, a notice, or a guarantee in breach of this Part will be unenforceable against a consumer.
“Part 7 (Enforcement and Remedies) sets up the Consumer Fair Trading Tribunal and gives it power to make a range of orders to enforce this Act. Schedule 3 sets out the constitution of the Tribunal and related matters. The Consumer Director on behalf of the Commission can apply for orders against a supplier to prohibit further breaches of this Act or regulations made under it.
Any person who suffers damage from a breach of this Act or any regulation made under it can apply for an order of damages against the person responsible for the breach. This Part also sets out procedures for applications to the Tribunal.
“Part 8 (Miscellaneous) regulates the recovery of chattels pledged in a bill of sale, provides for mediation by the Commission in certain cases, and restricts the provision of consumer protection services. It is creates offences and specifies penalties relating to certain provisions of this Act. The Minister is given power to make regulations for a wide range of matters. This Part also provides for a transitional period, before the provisions of Part 6 apply to contracts or guarantees entered into before the commencement of this Act.”
