Report on Public Consultations legal credit repair

W
Document Sample
scope of work template
							    Report on Public Consultations
  for Consumer Protection Reform




                              prepared by

          Consumer Affairs Division
             Ministry of Legal Affairs




Report on Public Consultations for Consumer Protection Reform   1
                    Report on Public Consultations
                 for Consumer Protection Reform
BACKGROUND .......................................................................................................................3
   Why Change? .....................................................................................................................3
   Guiding Principles for Reform ......................................................................................3
   Our Consultations To Date ............................................................................................4
   Our Appreciation .............................................................................................................5
ISSUES DISCUSSED ................................................................................................................6
   Unfair trading ...................................................................................................................6
   Protection for Vulnerable Consumers/ High Pressure Sales .................................7
   Other Scam Activity or Fraud .......................................................................................7
   Misleading Information ..................................................................................................8
   Clear Information ............................................................................................................9
   The Service Sector ........................................................................................................10
   Remote Transactions ....................................................................................................11
   E-Commerce ...................................................................................................................12
   Repair Services and Warranties .................................................................................13
   Specific Business Sectors .............................................................................................15
     New and Used Car Sales ..........................................................................................15
     Motor Vehicles – Repairs..........................................................................................16
     Travel Industry...........................................................................................................17
     New Home Warranty ................................................................................................19
   Truth in Lending/Hire Purchase ................................................................................20
   Effective Enforcement .................................................................................................21
     Civil and Criminal Remedies ..................................................................................22
     Small Claims Court, Tribunal or Specialized Consumer Tribunal..................23
     Increased Penalties ..................................................................................................24
     Powers to Government Officials ...........................................................................24
     Disclosure of Complaints .........................................................................................24
   Other Consumer Issues Raised in Consultation ......................................................25
   Next Steps .......................................................................................................................28
   Overall Proposed Activities .........................................................................................29
     New Legislative Framework ...................................................................................29
     Develop Strong Sector-Specific Standards ..........................................................29
     Leadership in the Region.........................................................................................30
     Timing ..........................................................................................................................30




             Report on Public Consultations for Consumer Protection Reform                                                            2
               Report on Public Consultations
             for Consumer Protection Reform

BACKGROUND

Why Change?
The Ministry of Legal Affairs (the Ministry) through its Consumer Affairs Division (CAD) has a
broad mandate to provide protection, advice and education services to consumers and
businesses doing business in Trinidad and Tobago. Staff in the Division are committed to
helping citizens who encounter difficulty when purchasing goods and services from
merchants. However, we realize that many of our laws and supporting institutions created
to protect consumers are limited in their ability to ensure quick and fair solutions to many
problems facing people today.

There are a number of reasons for this. In some cases, powers for government officers to
take action on behalf of consumers are limited. In other cases, older laws need to catch
up with changes in the marketplace. Other developments such as the Internet and online
shopping have created a whole new set of challenges to ensure fair protection for
consumers.

Fortunately, most of these challenges are not unique to this country. Regionally, member
nations of CARICOM are working towards a common, or harmonized, approach to basic
consumer protection rights across the Caribbean.

Internationally, several countries have already taken steps to reform consumer laws,
including how they are administered and enforced. They can provide us with helpful
models as we examine our laws.

Guiding Principles for Reform
For consumer legislation to be effective, it must be practical and enforceable. Well
understood consumer laws should first and foremost help to prevent problems from
occurring by providing balanced, clear, and well understood rights and responsibilities.

We recognize that good laws need to be well understood, simple to follow, and capable
of being enforced. This includes working to ensure that consumers and businesses have
access to quick, fair, uncomplicated, and inexpensive ways to resolve disputes.




        Report on Public Consultations for Consumer Protection Reform             3
Fair consumer laws should provide meaningful protection for consumers, and provide
clarity and guidance to honest businesses. All parties, including government, want
effective ways to resolve problems if they arise.

Reforms proposed in the Green Paper and discussed during public consultations are
guided by the following basic principles:

   1. Laws Must Be Fair to Consumers
   2. Requirements Must Be Practical, Clear, and Enforceable
   3. Solutions Must Address Challenges of Today and Tomorrow

Our Consultations To Date
Before deciding on specific reforms to consumer protection laws, the Ministry felt that it
was crucially important to gain input and feedback from citizens across the country. To
accomplish this, the CAD prepared and published a Green Paper entitled Consumer
Protection in the Information Age in July 2005.

The paper reported on a wide variety of complaints and emerging issues being brought
to the attention of the CAD over recent years. It also looked outward at some of the most
innovative and recent reforms to consumer laws elsewhere in the world that might serve
as examples for Trinidad and Tobago to consider.

The Green Paper was printed and widely distributed across the country. Inserts were
placed in three major daily newspapers two weeks prior to launching extensive public
consultations that began on July 20th, 2005 and continued through to the end of
September.

Throughout this period, the Ministry conducted 14 public consultation meetings across
Trinidad to gain feedback from citizens on the issues raised in the Paper, and to learn from
consumers about any other issues of importance that needed to be addressed. One of
these sessions specifically targeted members of the differently-abled community to gain
valuable feedback about unique issues facing this important community. As well, with the
leadership and assistance of the Tobago House of Assembly, a further 4 sessions were held
in Tobago.

All of these sessions were well promoted in advance through community and village
groups and councils, NGOs, flyers, school visits, radio spots, and direct calls to consumers
who had made complaints to the CAD in the past. As a result, we were fortunate to have
heard directly from over 500 citizens who took the time to attend sessions and share their
valuable opinions.

While members of the public attending these sessions were encouraged to share
thoughts on specific topics discussed in the paper, general feedback was obtained in
response to the following three questions:



        Report on Public Consultations for Consumer Protection Reform           4
      Does the Green Paper reflect accurately the problems consumers face throughout
       the country? If not please tell us!
      Do you think that the solutions suggested in the Green Paper will work for our
       consumer problems?
      What other solutions would you suggest?

Representatives of businesses and consumer groups were also invited to attend these
public sessions. However, the Ministry took the extra step of holding two special and
expanded meetings of the Ministry’s Prices Advisory Committee to discuss a draft, then
final, version of the Green Paper and its proposals. This committee included members of
the various chambers of commerce, retailers, and consumer groups. Additionally,
representatives of a number of specific business sectors (such as motor vehicle, new
home and travel sales) were invited to join these sessions. Overall, the aim of these
meetings was to gain informed feedback from a diverse group of business and consumer
interests.

Our Appreciation
This report is primarily intended to reflect the public comments we received during our
consultations and, where possible, to identify how these comments will inform the Ministry
as we move towards reviewing and reforming our laws. We are sincerely grateful for the
thoughtful comments and suggestions provided to us by members of the public and
representatives of consumer and business organizations.




        Report on Public Consultations for Consumer Protection Reform         5
ISSUES DISCUSSED

Unfair trading
Countries like Australia, parts of Canada and members of the European Union, have
introduced rules that apply to all businesses making it illegal to trade unfairly with a
consumer. Our current consumer laws achieve this in many ways, but these newer
approaches have been seen as effective by specifying some practices that are always
unfair.

Additional or different rules may also need to be applied for different types of transactions
in response to problems in specific sectors, so our laws need to be flexible enough to
anticipate this need.

What We Learned
In our consultations across the country,
consumers strongly supported enhancing                          Unfair practices –
protection against unfair trading activity.                     your opinions
General concerns expressed by consumers
revolved mainly around advertising, information
provided, and specific unfair behaviour. Also
                                                                   Service providers who
consumers raised a number of issues specific to                     raise fees arbitrarily
certain sectors. These are captured later in this                  Salespersons should know
document.                                                           products and give accurate
                                                                    information
Proposed Action                                                    There should be penalties
Making it illegal to trade unfairly casts a wide net                for companies that
by making it illegal for all sellers to behave                      misrepresent goods and
unfairly towards consumers before, during and                       services.
after entering into a transaction. This approach
has several benefits:

            it strengthens protection for consumers by ensuring all consumer to business
             transactions are covered by an unfair trading standard
            it adds no new burdens for businesses that already trade fairly
            broad wording can capture future unfair activities that may not be anticipated
             today.

How is unfair trading defined? The European Union uses a two question test:
[paraphrased]:

        Are the actions of the seller inconsistent with standards of professional
         diligence? and



           Report on Public Consultations for Consumer Protection Reform             6
       Are the actions (or inaction) of the seller likely to affect the purchase decision
        of an average targeted consumer?.

As well as generally banning unfair trading practices, the EU model goes into further detail
by listing 31 practices in the marketplace that are always unfair. Examples include:
          aggressive doorstep selling
          advertising problems like targeting kids, bait and switch
          phony closing down sales.


Protection for Vulnerable Consumers/ High Pressure Sales
Some countries have laws that allow certain contracts to be cancelled if the seller unfairly
takes advantage of a consumer – such as persons with limited mental capability, elderly
persons suffering from senility, and even in some extreme circumstances such as
emergencies.

In a related area, consumers also occasionally complain about the use of high pressure
tactics to force a sale immediately. Too
often consumers feel pressured, agree to
a sale, and then immediately regret it.          Aggressive Practices –
                                                      your opinions
What we learned
Local laws can offer similar protection in
                                                         During emergency situations
some circumstances, but consumers
                                                          some taxi drivers raise their
share    the    concern    that    traders
                                                          prices
occasionally target persons or groups of
people who may be vulnerable to unfair                   There is no protection for the
trades. Consumers were also concerned                     mentally challenged in the
about high pressure sales and felt that                   Green Paper
such tactics should be prevented.                        Persons with disabilities
                                                          experience a lot of high-
Proposed Action                                           pressure sales.
The government will look closely at the
different ways in which protections have
been worded and seek to minimize opportunities by traders to take unfair advantage of
vulnerable consumers. As well, legislation can address behaviour such as harassment,
coercion, and other high pressure tactics. Our goal is to have language in consumer law
that encourages both parties to a contract to make a reasonably informed decision, and
to ensure the seller does not take unfair advantage of the consumers they target.

Other Scam Activity or Fraud
Unfortunately, dishonest sellers often target the most vulnerable people in society. They
feed off desperation or exploit people’s dreams for quick riches. They also take money
that might otherwise have been spent at legitimate businesses.



        Report on Public Consultations for Consumer Protection Reform              7
Most scam artists can be prosecuted for fraud under the Criminal Law. However, it is
often expensive to prosecute a person for fraud and the public often expects that scarce
prosecution resources would be focused on other criminal activity.

What We Learned
Reports of fraudulent activity in Trinidad and            Scam activity - your
Tobago are on the increase, however, there
are few available statistics to measure this
                                                          opinions
trend. Consumers attending sessions had many
stories about businesses that appeared to                    Heavy penalties should be
deliberately engage in dishonest and                          placed on scam artists and
fraudulent activity.                                          mechanisms should be put
                                                              in place to catch scam
Proposed Actions                                              artists
Often fraud schemes involve a consumer                       Restriction of advanced
being asked to pay a sum of money for goods                   payment is a good idea
or services that never arrive. To help combat                Consumers should be
this problem, some countries have made it                     compensated when
illegal to charge advance fees for certain                    entertainers that are
goods or services. An example of this in                      advertised for a show do not
Canada involves making it illegal for a business              turn up.
to charge an advance fee for services to                  
obtain a loan.

In this way, regardless of whether there is a victim, scam artists can be charged for
violating advanced-fee rules. Such an approach can serve to deter would-be scam
artists while providing a faster, simpler way to target scam activity before a large number
of people have been victimized.

Misleading Information                                        Misleading
Many problems faced by consumers aren’t                       information - your
caused by business people who are deliberately                opinions
dishonest or fraudulent. In fact, most complaints
by consumers usually involve businesses with
                                                              Compulsory standards need
actual goods and services to sell but whose
                                                               to be put in place for
business practices may mislead consumers into
                                                               advertisers
making poorly informed purchases.
                                                              Better rules are needed for
                                                               ads involving hire purchase
What We Learned
                                                              Consumers should be told all
Information that is provided to a consumer prior to
                                                               the particulars relating to the
a sale can be very relevant to the ultimate
decision by a consumer to enter into a contract.
                                                               purchase.
Consumers’ comments particularly focused on a


       Report on Public Consultations for Consumer Protection Reform                8
need for clear advertising standards and better information to be provided in retail stores.

Proposed Approach
Current consumer laws already provide a number of rules to protect consumers from
being misled in a consumer transaction. New legislation will ensure all existing provisions
that remain relevant are preserved. Where it is appropriate, new standards to clarify
consumer rights and business responsibilities will be examined.

Advertising
The proposed approach would specify advertising behaviour that is unfair under the law
such as:
    enticing consumers with low prices for goods that are not available
    falsely stating that a product is only available for a limited time
    falsely claiming that a product is able to cure illnesses
    giving a false impression that the company or product is endorsed by a third party.

The UK, US, Australia and Canada all have advertising standard codes that could also
serve as a guide for strengthening
advertising protection in law and to
promote voluntary industry codes of fair     Clear information – your
practice.
                                                    opinions
Misleading Practices
Rules for advertising can help clarify                 Service charges in restaurants
information and manage consumer                         should be included on the
expectations prior to visiting a retail                 bill/menu
store. Clarifying what kinds of behaviour              Consumers get inadequate
are seen as misleading can further                      information about products such
clarify consumer rights and business                    as availability of parts and
responsibilities.                                       information on repairs
                                                       Prices on all items should be
It is not merely actions of a seller that               itemized
mislead.      Sometimes inaction or                    All instruction manuals should be
deliberate efforts to confuse a                         in the predominant language of
purchaser can also mislead. New rules                   the country in which the
should take into account misleading                     transaction takes place
actions, misleading through confusion,                 Any item being sold should be
and misleading omissions.                               accurately described on the bill
                                                       The expiry date of items should
Clear Information                                       be clearly displayed
Approaches to what information is                      Reconditioned appliances must
required to be disclosed to a consumer                  be clearly stated for consumers.
prior to, during, and after a sale can
vary from country to country. Often



        Report on Public Consultations for Consumer Protection Reform             9
different information is also required for different types of purchases, or purchases in
specific business sectors.

What We Learned
Most comments we received on this topic dealt with specific sectors. Some sectors are
not currently regulated, others are regulated in some capacity already. However, in
general, consumers appeared to support the idea of giving specific guidance to
businesses about minimum information to be disclosed to consumers prior to a sale.

Proposed Approach
Often in a retail store the consumer has a chance to physically inspect the product to
assess it. As such, a purchaser may only want to know basic information like:
    the full and final cost to purchase or a clear cost of borrowing
    any warranty or service related commitments and
    details about the store’s refund or exchange policy.

However, depending on the product, there may be other details that are important to a
buyer. In the case of electronic goods and appliances, consumers may want more details
on whether the goods are approved by the Standards Bureau, or whether safety-related
information is available in English.

For this reason, the Green Paper recommends that legislation be drafted so that different
types or “classes” of contracts could be identified. This way, if a type of purchase has
unique information needs, they can be specified in a targeted regulation.

The Service Sector
One major change in our marketplace since most consumer laws were written is the rapid
growth of the service sector. Growth in areas such as tourism and travel, education,
fitness, home improvement, product repair, financial and technology-based services has
meant that existing protection for the sale of goods should be extended to the sale of
services.

What We Learned
One of the most common areas of consumer concern expressed during consultations
dealt with the Financial Services sector. This is one of many areas that was not specifically
expected to be addressed in our reform exercise. This sector is already regulated by the
Central Bank and a Financial Services Ombudsman. We have summarized these
comments and our commitment later in this report.

Proposed Approach
Currently our laws provide well established implied warranties for goods that are mostly
consistent with those in other countries. However, more recent laws in the UK and
elsewhere have adopted new language that should be considered.




        Report on Public Consultations for Consumer Protection Reform           10
Also, a number of countries have introduced rules to define implied warranty rights for
consumers who buy services. Australian rules use language such as, “...ensure that
services supplied will be rendered with due care and skill and be reasonably fit for the
purpose specified and achieve the result which the consumer makes known.”

It will be important to learn from the experiences of jurisdictions that have introduced
these rules and find fair and appropriate language.

Remote Transactions
More people today are buying items away from a traditional place of business. People
typically order items by telephone, fax machine, and by mail. Increasingly, people are
also using computers and mobile phones to shop and buy products such as air travel,
hotel rooms, music, etc…

The Green Paper identified some specific rules that have evolved in consumer laws to
address problems in areas where a purchaser
buying a product away from a place of business
may not have had a chance to see it.                  Delivery – your
                                                            opinions
What We Learnd:
Buying something away from a traditional                       There should be a
business place can create new challenges. For                   stipulated time frame for
instance, consumers tell us that sometimes                      delivery of goods
goods are ordered but they can take an
                                                               Goods should be examined
unreasonably long time to be delivered.
                                                                before delivery to ensure
Other concerns were raised about items
                                                                that there is no damage
purchased that were not as they were
described and some individuals expressed a
                                                                and that it is the right
view that remote sales should come with a right
                                                                product.
to cancel a purchase within a fixed number of
days.

Proposed Approach:
Cooling Off Periods
Some countries provide special rules for remote sales including the right to cancel a sale
within a fixed number of days. We intend to explore the implications of such “cooling off
periods” with potentially affected businesses.

Late Delivery
To protect consumers from goods or services taking an unreasonably long time to be
delivered, we propose to look at emerging rules that provide rights for consumers to
cancel remote contracts and get a refund when delivery of the goods or services is later
than 30 days from the date promised.




       Report on Public Consultations for Consumer Protection Reform           11
Not As Described
To protect consumers who purchase products remotely, we will need to consider requiring
specific information that must be disclosed such as:
       o A detailed description of the product
       o Details of delivery arrangements including dates and costs
       o Restrictions, limitations or conditions that apply to the sale and
       o Information about return, exchange, cancellation, or refund policies.

E-Commerce
Some reforms recommended in this paper directly address some barriers to E-Commerce
and E-Government. However, the Ministry is working collaboratively with the Ministry of
Public Administration and Information on a separate and comprehensive project to
identify all known barriers to e-commerce including the creation of data protection and
privacy rules, voluntary best practice guidelines for businesses in e-commerce, allowing
electronic transactions in government, and other key reforms.

What We Learned
Relatively few consumers shared views related to e-commerce during our consultations.
However, in 2005 the UK research firm MORI surveyed 2700 adults across Trinidad and
Tobago. Among other things, people were asked
about     their  use    of    information   and
communication technologies and their attitudes        E-Commerce – your
towards electronic transactions with government       opinions
and retailers.
                                                                There needs to be
Findings revealed that most consumers feel                       insurance protection for
unsafe sharing personal information online, and                  goods purchased online
59% expect government to play a more active
                                                                There should be laws to
role with respect to e-commerce transactions. A
                                                                 regulate electronic
further 83% felt protection online should mirror
                                                                 payment systems to
those available offline.
                                                                 protect against fraud
These findings are consistent with studies in other             Products purchased
countries and serve to confirm that building                     online should be held by
consumer trust with online retailers is a crucial                a holding company
step in developing a thriving e-commerce sector
both locally and globally.




        Report on Public Consultations for Consumer Protection Reform            12
Proposed Approach
The Ministry will coordinate consumer law reform activities with the Ministry of Public
Administration and Information in order to ensure that appropriate protection online is
equivalent to those enjoyed at a traditional place of business. We also support efforts to
develop voluntary codes of practice for e-Commerce retailers to encourage fair
standards that inspire consumer trust.

Selected examples of other reforms being
considered include:
    minimum standards for the use of                 Warranties – your
      electronic signatures
    prescribed         disclosures   for             opinions
      electronic contracts
    acceptable        requirements   for                The minimum warranty
      supporting        receipts     and                  standards could be extended for
      documentation                                       more than 7 days
    protection     against inadvertent                  Some stores refuse to give
      purchases                                           refunds or exchange items that
    cancellation rights in the event of                  are not working
      non-disclosure by a seller                         Consumers receive no
    emerging      standards that are                     compensation while their items
      consistent with, and adaptable to,                  are under repair during the
      emerging international guidelines.                  warranty period
                                                         The law does not enforce
Repair Services and Warranties                            guarantees offered by sellers
Warranties are usually something a                        and this needs to be addressed
retailer, supplier or manufacturer explicitly            Consumers should get a full
offers to customers. It is a promise to                   refund or exchange after a failed
repair defects or malfunctions that can                   second attempt at repairing an
arise – usually to help make a purchase                   appliance
more attractive.                                         While products are still on
                                                          warranty and claims are made
Beyond the protection provided by                         on them, payments to hire
implied     warranties,    many      general              purchase plans should be
consumer protection laws do not make                      stopped or products immediately
explicit warranties mandatory. Some                       replaced
countries do require minimum warranties                  There needs to be proper
in specific sectors, such as with the sale of             disclosure of terms and
new homes and the sale/repair of cars.                    conditions for warranties
                                                         Warranties should be given on
However, countries like the U.S., have laws               items that were repaired.
to protect consumers who buy products
that come with express warranties in
writing. The U.S Magnusson-Moss Act



        Report on Public Consultations for Consumer Protection Reform            13
essentially requires manufacturers and businesses who offer written warranties to honour
them.

What We Learned
Repair services under warranty are an area             Repair problems – your
where complaints are common. In                        opinions
particular, the majority of     complaints
lodged at the CAD relate to repair
                                                          Businesses and merchants do
problems with major appliances and
                                                           not properly train staff to use
electronic equipment.
                                                           specialized equipment
Consumers acknowledge that retailers are                  An item should only be repaired
often willing to attempt repairs, but too                  for a maximum of two times
often consumers report multiple attempts                   before a refund is given
to repair the item, unwillingness of                      Once an item is repaired a
merchants to replace faulty goods, and                     certain number of times or held
loss of use of the products for extended                   for a certain length of time to be
periods of time.                                           repaired it should be replaced
                                                          A replacement item should be
Proposed Action                                            provided for consumers while
Legislative reform should focus on                         their goods are under repair
remedies that may enhance consumer                        All information relating to
rights and business responsibilities                       duration and work to be done
                                                           should be stated before repair
regarding the repair and replacement
                                                           work is carried out
of defective goods. Some jurisdictions
                                                          Laws should be implemented to
have developed laws that impose
                                                           deal with contractors who do not
obligations jointly on manufacturers,                      deliver on promises or do not
suppliers, and retailers. By clarifying the                deliver work on time.
obligations of all parties in the sales
chain, consumers may gain clearer
opportunities to redress problems that
can occur.

The 1975 U.S. Magnusson-Moss Warranty Act is a federal statute dealing specifically with
consumer product warranties. It was designed to help ensure:

     Consumers have access to complete information about warranty terms and
      conditions before a sale takes place
     Consumers can compare prices, features and coverage of competing warranty
      products
     Strong incentives for businesses to honour warranty obligations in a timely and
      complete fashion
     Disputes are resolved with a minimum of delay and cost to consumers.



       Report on Public Consultations for Consumer Protection Reform             14
The Act does not force businesses to offer a warranty. But if a business chooses to offer a
written warranty, it is bound to comply with the Act. The Act makes it easier for consumers
to pursue court action in cases of breach of warranty obligations, and also enables
businesses and business sectors to establish acceptable arbitration programs to avoid the
cost and time associated with litigation.

Specific Business Sectors
The focus of the consultation exercise was to ensure that broad rules apply generally to all
purchase transactions between a consumer and a business. Through our research and
consultation, we have learned that consumers increasingly expect minimum standards in
certain sectors. Three in particular stand out: the sale of motor vehicles, the sale of homes,
and the sale of travel services.

Perhaps not by coincidence, a car and a home are two of the most expensive purchases
a consumer might ever make. As the cost to an individual goes up, the hardship suffered
when something goes wrong is magnified. For this reason, we have taken a closer look at
these three sectors.

Proposed Overall Sector Approach
We expect to draft new consumer legislation in a way that is flexible to future change. A
new law should broadly capture all trading activity, but it can also provide the authority
to create regulations governing specific sectors where required.

Our proposed approach to sector specific problems is to first look to the industry in
question to see if some problems can be resolved through voluntary standards and third
party dispute resolution services. However, by ensuring that laws provide the capability to
mandate sector rules, the government will have the ability to take action directly, should
a voluntary approach not succeed in reducing consumer harm.

New and Used Car Sales
Foreign-used vehicle sales are governed by rules established through the Ministry of Trade
and Industry. Since a motor vehicle is often one of the most expensive purchases that a
consumer will make, it is important that effective redress rights are available to buyers of
all vehicles, whether new or used, domestic or imported.

What We Learned
Most consumer complaints regarding new car purchases relate to repair problems of new
cars under warranty. Common issues include:
        Having to attempt repairs multiple times
        Loss of use of the vehicle
        Delays in availability of replacement parts
        Difficulty of resolving disputes.

For used cars, similar issues arise as well as other problems such as:



        Report on Public Consultations for Consumer Protection Reform            15
       Uncertainty about the repair history of the vehicle
       Allegations of tampering with the odometer to give the impression of less wear
        and tear
       Undisclosed repair history and faulty parts.

Proposed Action
Unlike the situation in many other countries, the car sales profession is not regulated
through a business license – except those in the business of importing foreign used
vehicles. More work is required, including meeting with business leaders in the new and
used car sales sector to explore minimum standards and ways to minimize consumer
problems.

As mentioned above, consumer legislation will need to be drafted in a way that allows
regulations to be developed governing specific sectors. Members of the new car sales
sector have met with the Ministry to discuss some consumer challenges. They have proven
to be helpful and constructive in looking for fair solutions and high standards for all to
follow. More discussions will be required with the sellers of used cars.

Some of the potential solutions that will need to be explored include:
    The potential for US-style Lemon Laws, or voluntary alternatives which give
     consumers a right to return or replace vehicles under warranty after multiple repair
     attempts
    The need for an arbitration process to resolve new car warranty disputes (as an
     alternative to using the courts)
    Offering replacement vehicles to consumers in appropriate circumstances
    Rules relating to appropriate information to be disclosed to consumers prior to a
     sale
    Rules relating to plain language disclosure and calculation of the cost of borrowing
     in leases
    Common rules for the sale of local and foreign used vehicles.

The Ministry will also work with the Bureau of Standards which is presently developing
standards related to motor vehicles.

Motor Vehicles – Repairs
There are currently no specific rules regulating the repair of vehicles in Trinidad and
Tobago. Some countries have found it necessary to establish rules unique to this sector in
order to better protect consumers.

The sector is made up of sophisticated new and used car dealerships, large repair
garages, and small repair operations. Experience in other jurisdictions shows that car
repair is a source of frequent consumer problems and that litigation of repair complaints
can be expensive, subjective and time consuming.




       Report on Public Consultations for Consumer Protection Reform         16
What We Learned
During consultations, consumers raised issues such as:
    problems with estimates
    skill and training of mechanics
    allegations of unnecessary work
    poor disclosure and
    poor workmanship.

Proposed Action
Consumer laws should focus on ensuring there are clear disclosure requirements prior to
consumers approving work. It is felt specific mandatory standards will need to be
developed for this sector. Good examples of rules that enhance consumer protection
and address many complaint areas include:
    a requirement to provide written estimates
    a requirement not to exceed estimate without consent
    mandatory written breakdown of costs (new or used parts, labour rates) and
    minimum repair warranties.

Travel Industry
Travel-related services are increasingly becoming a source of consumer complaint.
Because of the geography of Trinidad and Tobago, most public attention and concern
has been focused on the air and sea bridge that links the country’s two islands. There
have also been increasing media and public concerns, both locally and globally, about
general airline service quality.

Travel services can also extend to services beyond transportation. For instance, in Tobago
there have also been concerns expressed about the quality of services offered by certain
hotel and accommodation providers and other tour guide services.

What We Learned
                                                              Air Travel – your
Airlines                                                      opinions
Consumers who attended public sessions
primarily raised concerns relating to the quality                Airlines should be held
of services provided by airlines. Issues that                     responsible for delays and
were raised included:                                             cancellations of flights
                                                                 Airlines should be held
      on-time arrivals and departures                            responsible for lost or
      stranded passengers due to delays                          damaged luggage
      cancellations, and cessation of                           Domestic airlines should
       operations                                                 compensate local
      poor baggage handling
                                                                  passengers when a flight
      availability of staff to handle complaints
                                                                  is delayed or cancelled
      poor disclosure of contract terms.



           Report on Public Consultations for Consumer Protection Reform           17
Air and Sea Bridge
Historically, services linking travelers between the islands of Trinidad and Tobago have
faced criticism from the public. Problems were primarily related to the availability of
adequate passenger capacity during peak travel periods. This has resulted in passengers
being bumped from flights, large delays, and occasionally the stranding of passengers
overnight.

Trinidad and Tobago Tourism Industry Certification (TTTIC)
The TTTIC is an example of a voluntary set of standards to guide tourism operators in
Trinidad and Tobago. The certification program is a collaborative effort between the
Tourism Development Company (TDC), the Tobago House of Assembly (THA) and the
Trinidad and Tobago Bureau of Standards (TTBS). The “Approved Tourism Operator”
designation allows high quality tourism operators to promote their services while giving
valuable guidance to would-be tourists as they select suitable accommodation and
services.

Since the standard is voluntary, not all tourism operators across the country have chosen
to seek a certification – despite attractive benefits such as tax and fiscal incentives. The
Green Paper suggests that the Ministry should work with the THA and other stakeholders to
find opportunities to strengthen the TTTIC programme, including making it a mandatory
designation for the tourism accommodation and tourism operator sector.

Proposed Action

Airlines
It is proposed that the Ministry work with the Ministry of Works and Transport to find
opportunities to better protect consumers through quality service standards, improved
measurement and reporting of airline performance against these standards, and clear
disclosure of relevant terms and conditions for air travel.

The US Department of Transport requires airlines to report regularly on a number of
important performance and service indicators such as:
    airline arrival and departure delays
    instances of lost baggage and
    complaint-handling.

These performance measures are published regularly and available on the Internet.
Approaches such as this should be actively promoted. As well, the airline industry may
need to be persuaded to establish voluntary codes of practice and quality service that
could be published as a “Passenger’s Bill of Rights” as has been done in North America.




           Report on Public Consultations for Consumer Protection Reform       18
Air and Sea Bridge
Further discussion is needed with Tobago’s tourism officials and industry officials to explore
fair protection for passengers and opportunities for voluntary quality service guarantees
for air and sea bridge travel.

Trinidad and Tobago Tourism Industry Certification (TTTIC)
Ongoing collaboration will be needed with the THA on ways to further enhance the TTTIC
programme. It is hoped that this voluntary programme can provide a model for similar
voluntary codes of practice in other industries.

New Home Warranty
A home is very often one of the most
expensive single purchases a family will              Home purchases – your
make in a lifetime. As housing prices                 opinions
continue to increase in the country, there
is a greater need to ensure that
adequate protection is available to                      No protection against poor
consumers.                                                workmanship
                                                         Need for proper disclosure of
Purchasing a pre-owned home can                           flood and other risks
afford a buyer the chance to physically                  Building inspectors must ensure
inspect the premises and adjust their                     proper building standards
purchase offering accordingly. However,                  Standard written agreements
often with new homes a prospective                        should be put in place
buyer makes a decision based on                          Warranties should be provided
drawings and plans. Most problems with                    by contractors who build homes
homes occur within the first few years                   No provisions are made for the
after construction.                                       resale of houses, only for new
                                                          houses.
What We Learned
While most home builders are committed to
providing a quality product for their customers, there are many potential problems that
can result in serious hardship for consumers. The kinds of problems experienced elsewhere
have included:
    Bankruptcy of builders/developers resulting in unfinished homes and/or loss of
     consumer deposits
    Poor workmanship resulting in the need for costly repairs
    Discrepancies between the size and quality of the home promised versus what was
     delivered and
    Unreasonable delays in delivering finished homes resulting in inconvenience and
     financial hardship for buyers.

Many new home developers and builders offer warranties with their homes. In Trinidad
and Tobago the availability and quality of warranties can vary considerably. Since there



        Report on Public Consultations for Consumer Protection Reform            19
are no minimum or mandatory standards in this area, the potential for consumer
protection problems exists.

Proposed Activities
A number of other jurisdictions have determined that some form of voluntary or
mandatory regulation is required to protect home owners from potential harm. Regulation
can take many forms including:

      Voluntary warranty standards
      Voluntary standards backed by insurance
      Voluntary standards backed by industry compensation funds
      Mandatory standards backed by insurance
      Mandatory standards backed by industry compensation funds.

The Ministry will need to collaborate with the Ministry of Housing and industry stakeholders
to explore ways of enhancing consumer protection and consumer confidence in the
industry.

Truth in Lending/Hire Purchase
Many consumers who buy products choose to finance the purchase through a loan.
When such a loan comes from a bank or credit union, rules are set by the Central Bank,
and are therefore beyond the specific scope of consumer protection legislation.
However, there are other popular forms of
lending such as hire-purchase sales which are
regulated through the Hire Purchase Act           Hire Purchase – your
Chapter 82:33. In recent years, hire purchase
agreements have been a source of
                                                  opinions
complaints by consumers.
                                                             Hire purchase agreements
A common challenge can be illustrated                         should be easy to read
when a consumer visits two different stores to               All charges/terms in these
compare the cost of buying an identical                       agreements should be clear
appliance. It is often very hard to determine                 and easy to compare
which hire-purchase price is actually the best               Consumers should be able to
deal. The Green Paper recommended setting                     stop payment or break their
consistent rules for the disclosure of the cost               hire purchase agreements if
of borrowing in order to help consumers to                    the item is faulty
comparison shop more effectively.                            Advertisements for hire
                                                              purchase often mislead
What We Learned                                              Consumers that are receiving
Consumers do find it very difficult to                        disability grants cannot
understand the terms and conditions in many                   purchase items on hire
hire purchase agreements. They also agree                     purchase.
that one of the most difficult things to



        Report on Public Consultations for Consumer Protection Reform           20
understand is the true cost of borrowing an appliance.

People at public consultations indicated that a common standard for calculating and
disclosing the true cost of borrowing would be helpful information for a potential
purchaser. However, some pointed out that it is only truly helpful if a consumer can
compare a hire purchase agreement to alternatives such as borrowing from a bank. They
felt that if all lenders were required to calculate and disclose the cost of borrowing in the
same way, then true comparison shopping is possible.

Consumers also mentioned that they felt advertisements for hire-purchase plans can
sometimes mislead consumers about the actual cost of buying a product.

Proposed Action
One model for potential reforms is the U.S. Truth in Lending Act. It has been in place since
the late 60s and was since updated in 1980. The Act sets out what constitutes a loan or
lease covered by the Act, and identifies some key areas of disclosure for consumers
including:
    o Finance Charge - the amount charged to the consumer for the credit
    o Annual Percentage Rate - the measure of the cost of the credit which must be
       disclosed on a yearly basis
    o Amount Financed - the amount being borrowed in a consumer loan transaction, or
       the amount of the sale price in a credit sale
    o Total of Payments - the total amount of the periodic payments by the
       borrower/buyer
    o Total Sales Price - the total cost of the purchase on credit, including the down
       payment and periodic payments.

It is recommended that a consistent standard for determining the yearly rate, that
includes all relevant charges, can make comparison easier for consumers and
discourage the practice of shifting borrowing costs from interest rates into non-interest
fees. The emerging consistent standard is often referred to as the Annual Percentage
Rate.

The Ministry also intends to directly engage officials at the Central Bank to explore the
possibility of a common approach to truth in lending for all providers of financial services
to consumers.

Effective Enforcement
The Green Paper recognized that even the very best consumer laws in the world depend
on an effective consumer protection agency, and most importantly on the availability of
fair, quick, simple, and inexpensive ways to resolve disputes when they arise.




        Report on Public Consultations for Consumer Protection Reform           21
Civil and Criminal Remedies
Enforcing today’s consumer laws often require government officials to prosecute
offenders in court. However, the public often expects that limited prosecution resources
would be focused on other high profile criminal matters.

One solution proposed in the Green Paper is to widen the range of civil offenses and
remedies provided in consumer law. This can allow
victimized consumers and even consumer groups
to directly pursue claims against offending          Enforcement – your
businesses.                                          opinions
What We Learned                                                 A legal department at CAD
Consumers want effective enforcement. They                       should be established to
expect government to take a direct role in                       assist consumers with
prosecuting the worst offenders. Consumers also                  claims against businesses
see little evidence that government is currently
                                                                Proposed consumer laws
taking on that role.
                                                                 should be effectively
                                                                 enforced
Public consultation sessions reinforced the fact
                                                                The legislation should be
that consumers want a strong role for
government, but also accept that consumers
                                                                 enforced in a timely fashion
should have the ability to challenge businesses                 The CAD should have a
in court.                                                        legal department to ensure
                                                                 that legal action could be
Proposed Activities                                              taken against businesses
When drafting new laws, careful consideration
                                                                 before the statute of
should be given to which violations of consumer                  limitation is expired
laws should be criminal offences and which                      Compensation should be
should be civil. New laws should make it easier                  demanded from businesses
for consumer groups or other groups of affected                  that sell poor goods and
consumers to initiate collective action in the                   services.
courts such as class action law suits.

Further efforts will be needed to share the results of our consultation efforts with the Office
of the Attorney General. In particular, consideration should be given to having dedicated
lawyers working more closely with the CAD to promote the development of expertise in
addressing consumer issues and increasing direct enforcement activity.




        Report on Public Consultations for Consumer Protection Reform             22
Small Claims Court, Tribunal or Specialized
Consumer Tribunal
The Green Paper also recommended that                        Small Claims – your
consideration be given to creating a new court
or tribunal to deal with consumer issues. Today
                                                             opinions
the court system already faces challenges                       The idea of a small claims
managing high case loads and ensuring timely                     court is a good idea but it
access to justice. When the traditional legal                    must address complaints
system is not seen by consumers as a realistic                   in    a    timely    fashion
option, consumers lose a significant amount of                   otherwise it would lose its
bargaining power in disputes with businesses.                    significance
                                                                A small claims court
Most jurisdictions examined in the Green Paper                   should      be     instituted
have well established Small Claims Courts or                     however this should be
Tribunals. They generally have less formal rules of              without the use of lawyers
procedure to make it easier for the average                     The arbitration system
citizen to take a dispute to court without the                   should deal with more
need for an expensive lawyer.                                    sensitive matters and the
                                                                 panel should comprise no
The paper further examined some past and                         more than 3 persons
ongoing efforts to create simple alternatives to                There should be a Tribunal
the existing court system.                                       for Tobago.

What We Learned
Almost every consumer who was asked about the benefits of creating a less formal court
or tribunal for small claims was supportive. A consistent need expressed was that any
solution should be:
 simple to use
 low cost or free
 fast to access
 available regionally and
 fair and seen to be fair.

Proposed Activities
Before any alternative to the existing court structure is created, it is crucial that all
alternatives be closely examined in collaboration with the Office of the Attorney General,
The Law Reform Commission, the Judiciary, CARICOM partners, and other key
stakeholders in the legal community.

Currently, efforts are underway at the Law Reform Commission to look at changes to the
rules of procedure in the Petty Civil Court to make it easier for consumers to use this court
without the need for expensive legal help. As well, some countries have combined the
functions of a Fair Trading or Competition Tribunal with that of a Consumer Tribunal.




        Report on Public Consultations for Consumer Protection Reform              23
Increased Penalties
Many jurisdictions have dramatically increased maximum fines and jail terms for persons
convicted under consumer laws. In some cases, laws also create minimum penalties for
certain offenses and can provide escalating fines for repeat offenders.

What We Learned
Consumers agreed that there should be stronger penalties against businesses that violate
consumer laws. Some responses to our consultations suggested that consumers would
support increasing minimum fines for repeat violations.

Proposed Activities
The Ministry will need to work with the Office of the Attorney General and the legal
community to examine the most fair and effective way to encourage businesses to
comply with the law. Issues to be examined include:
    the authority for the courts to require businesses to compensate consumers
    consideration of whether consumers should have a right to seek punitive damages
    examination of other alternatives to fines that can be effective in preventing
      dishonest practices.

Powers to Government Officials
In matters of urgent public interest, some consumer laws give authority to specified
government officials to take direct and immediate action to protect consumers from
specific merchants employing dishonest business practices.

Proposed Activities
The Ministry will need to work with the Office of the Attorney General and the legal
community to consider the merits and risks of providing officials with temporary powers to
prevent immediate consumer harm.

Examples of potential powers include the ability to:
    seize evidence
    order the freezing of bank accounts
    issue cease and desist orders and
    require retraction and correction of misleading advertisements.

Disclosure of Complaints
Governments and regulators are increasingly using creative techniques to create
incentives for businesses to comply with existing laws. Section 44 (1) of the existing
Consumer Protection and Safety Act contains provisions that enable the Director under
the Act to arrange for publication of information including identification of “recalcitrant
traders” by name.




       Report on Public Consultations for Consumer Protection Reform          24
What We Learned
Attendees at public consultation sessions
supported a stronger role for the CAD in                     Disclosure of
publishing complaints and penalty information                Complaints – your
about businesses.
                                                             opinions
However, we also learned that in recent
consultations in the UK, this idea was initially                There should be disclosure
proposed but ultimately rejected as an option.                   of companies that have
Concerns centred on the ability of such                          complaints against them
databases remaining accurate, the need for                      Names of business owners
complaint numbers to reflect the volume of                       who flout the laws should
activity in the marketplace, and other general                   be published
legal concerns.                                                 The CAD should carry out
                                                                 testing of products and
Proposed Activities                                              publish the results.
Legislation should provide the right for the Ministry
to publish information about complaints and other
activities such as product testing results including publishing the names of companies.
However, the Ministry should learn directly from the experiences of other regulators that
have taken on a stronger role in publishing complaint statistics.

Other Consumer Issues Raised in Consultation
The CAD is the main agency responsible for providing information and advice on
consumer laws and their enforcement in Trinidad and Tobago. However, there are a
number of government programmes beyond the CAD’s mandate which have a critical
role in supporting the protection of consumers across the country.

Often the CAD works with other Ministries and Agencies to promote the interests of
consumers even if the issues do not specifically fall within the mandate of the Ministry. For
instance, sometimes issues related to food production, pricing and safety have been
taken on by the Division because of the critical importance of these issues to consumers –
even when other Ministries may have laws and technical expertise in these areas.

Why? Because consumers are not always able to come to government with a single
voice in order to make their views known. Since the CAD has daily contact with citizens
facing challenges, we feel that it is important to act as an advocate within government
for any relevant issues facing consumers – regardless of whether ultimate actions must be
taken by a different Ministry or Agency.

During our consultation sessions across Trinidad and Tobago, the CAD did hear a number
of concerns and suggestions in areas that are beyond the Ministry’s mandate but which
are still valuable and important.




        Report on Public Consultations for Consumer Protection Reform            25
Below is a list of some common issues, initiatives, and programmes that were raised by
consumers throughout our consultation efforts, but are not specifically being directly
addressed in consumer law reform:

   National and Regional Bio-Safety: Issues from food safety to genetically modified
    organisms are gaining increasing importance globally. The Ministry chaired the
    Cabinet-appointed National Bio-Safety Committee and is now working with the
    Ministry of Agriculture, Land and Marine Resources to develop a national agency
    linked to a planned CARICOM-wide agency to implement policies and regulations on
    Bio-Safety. Issues being examined include food safety and labeling, the use of
    genetically modified products, balancing the benefits of using modern biotechnology
    against the risks to human health and the environment and ethical, social/cultural and
    trade concerns.

   Government-wide Barriers to E-
    Commerce:         Some       reforms
    recommended in this paper will                Differently Abled Issues –
    address some barriers to E-
    Commerce and E-Government.
                                                  your opinions
    However, the Ministry is working
    collaboratively with the Ministry of             There may be a need for better
    Public      Administration      and               product labeling in general, but for
    Information on a comprehensive                    visually impaired persons the
    project to remove barriers to e-                  challenge is greater
    commerce including the creation                  Service oriented companies do not
    of data protection and privacy                    properly train employees to deal
    rules, voluntary best practice                    with differently-abled persons
    guidelines for businesses in e-                  Need for greater access to
    commerce, allowing electronic                     transportation
    transactions in government, and                  Building standards needed for
    other key reforms.                                better access eg. ramps
                                                     Lack of Braille options at
   The Differently-Abled Community:                  supermarkets, food and drug
    The Ministry held a special                       labels, instruction manuals,
    consultation     session   for  the               ATMs…
    differently-abled community in                   No special lines for disabled
    August 2005 that resulted in a                    persons in banks
    great deal of feedback that is
                                                     Few service providers support the
    relevant     to   a     number   of
                                                      hearing impaired
    government       agencies.     Many
    comments dealt with accessibility
                                                     Differently-abled individuals are
    issues that are beyond the specific
                                                      discriminated against when they
    scope of our consumer law, but are                are buying life insurance and hire
    very important for the government                 purchase
    to understand when developing


        Report on Public Consultations for Consumer Protection Reform            26
    policies and laws dealing with fair access to public and private spaces. A sample of
    the common comments we received is in the inset.

    The Ministry commits to sharing all of the comments received to relevant Ministries, and
    specifically will want to look more closely to ensure that hire purchase agreements or
    other contracts do not discriminate unfairly against persons with disabilities or other
    groups.

   Weights and Measures: Whether a consumer is pumping gasoline into her car or
    buying produce, the price of the purchase depends on reliable and accurate
    measurements. Responsibility for the Bureau of Standards and issues related to weights
    and measures rests with the Ministry of Trade and Industry. Recently the Metrology Bill
    2004 was passed through the House of Representatives and the Senate receiving
    assent on June 25th, 2004. The Ministry enjoys a close and collaborative relationship
    with the Bureau of Standards and believes that this new law will assist in promoting
    both public safety and consumer protection.

   Fraud and Criminal Activity: Responsibility for prosecuting persons responsible for fraud
    rests with the Director of Public Prosecutions since fraud is a criminal offence. Fraud
    can take on a number of forms that can affect a wide range of unsuspecting
    consumers. Wherever possible the CAD works with authorities to gather information
    about fraudulent activity and bring it to their attention. The CAD has also proposed
    potential reforms to consumer laws that are aimed at preventing fraud in the first
    place by making it illegal to accept advance fees in some problem sectors.

   Identity Theft: While this is a form of fraud, it is gaining prominence as an issue for
    governments to watch carefully. The Ministry is collaborating with other government
    agencies to help strengthen registration systems for forms of personal identification
    such as birth certificates to make it difficult for would-be identity thieves to obtain key
    documents without appropriate proof.

   Credit Ratings: Another area of consumer concern surrounds the current difficulty of
    many citizens to obtain credit. Whether credit applications are through a retailer in a
    hire-purchase contract or with a bank, consumers can be negatively affected when
    denied needed credit, or conversely, when offered too much credit (and fail to keep
    up payments). The Ministry has been actively collaborating with other government
    agencies on developing a consumer credit reporting system to bring it in line with
    modern practices across North America.

   Financial Institutions: Consumers occasionally raise concerns about their dealings with
    banks and other financial institutions. Responsibility for regulating banks falls under the
    Central Bank of Trinidad and Tobago. Consumer concerns often relate to banking fees
    and charges. The Green Paper raises this issue in the section on truth in lending. It
    recommends a common standard for calculating and disclosing the cost of borrowing
    when dealing with a retail lender such as in hire-purchase contracts. However, the


        Report on Public Consultations for Consumer Protection Reform            27
    Ministry recognizes that consumers ideally would benefit most from a common
    standard for all lenders and would welcome opportunities to seek a harmonized
    approach with the Central Bank.

   Regulated Industries Commission (RIC): Public utilities are regulated by the RIC which is
    a successor to the Public Utilities Commission. The RIC has strong regulatory powers
    and a focus on consumer protection. Service providers who fall under the regulatory
    authority of the RIC include:
       o The Water and Sewerage Authority (WASA)
       o Trinidad and Tobago Electricity Commission (T&TEC)
       o The Power Generation Company of Trinidad and Tobago Ltd. (POWERGEN)
          and
       o Trinity Power Limited (formerly InnCogen Limited) (TRINITY POWER).

   Telecommunications Authority of Trinidad and Tobago (TATT): TATT is now responsible
    for regulating the telecommunications sector by enforcing the Telecommunications
    Act 2001. TATT has recently prepared a draft policy on Consumer Rights and
    Obligations available on their website at http://tatt.org.tt/ddocs/pcroweb/pcro.htm

Sharing What We Have Heard Across Government
A number of issues and concerns such as those listed above may not be addressed by
changing consumer protection laws. However, as mentioned earlier, the CAD is always
interested in hearing ideas and suggestions to improve consumer protection wherever
possible. For those consumer issues beyond the mandate of this Ministry we are
committed to bringing the views and concerns we hear to the attention of other
government agencies and relevant business sectors to promote fair, practical and
effective solutions.

Next Steps
New legislation is one crucial component of a strategy to increase consumer protection in
the country but it is not the only one. The Ministry is committed to ensuring the operations
of the CAD are organized to ensure it can be both pro-active and responsive to
consumer issues as they emerge.

This will include greater collaboration with other government bodies dealing with
consumer issues, and making better use of complaints databases to identify emerging
trends, and using this information to educate the public and develop future legislative
reform agendas.

The Ministry also expects to review the current structure of the CAD to provide more
effective education, complaint-handling, mediation, marketplace monitoring and
enforcement services for consumers.




        Report on Public Consultations for Consumer Protection Reform           28
Overall Proposed Activities

New Legislative Framework
In order to adopt proposed broad duties for all businesses not to trade unfairly, it may be
necessary to change a number of consumer laws. We propose to use this as an
opportunity to consolidate and simplify different existing laws under one general
consumer protection statute.

For this reason, we recommend that work begin as soon as possible on developing a draft
Bill setting out a new framework for consumer law. It is anticipated that approaches used
in Canada, Australia and those being proposed in the UK could serve as models to guide
our approach to drafting.

One fundamental goal in drafting a framework is to anticipate areas where future
regulations may need to be drafted. This will allow general rules to apply across all
businesses, and also preserve the ability over time to develop and adopt regulations more
specifically targeted at problem business sectors or respond to innovative new business
models and practices.

We will also explore the possibility of providing the CAD with the authority to review and
endorse voluntary codes of practice in business sectors which meet minimum best
practices and provide fair methods for quick and simple resolution of disputes.

This overall approach can allow the government to create new consumer protection
legislation and bring it into force before decisions about regulating specific sectors or
other areas have been finalized.

Develop Strong Sector-Specific Standards
The Ministry will also need to begin engaging businesses and associations to share the
results of our consultations and begin a process to encourage the development of sector-
specific standards.

As mentioned earlier, the CAD will need to play an active role in promoting voluntary
standards across a number of business sectors, and provide leadership and support for
industries intent on developing fair dispute resolution alternatives to the courts.

It is the view of the Ministry that new legislation should enable the future creation of
sector-specific standards where needed. Sectors such as motor vehicle sales, new home
sales, and travel services can benefit from stronger disclosure and dispute resolution
alternatives to the courts. Before imposing such specific standards on these sectors, it is
important to hear from consumers and businesses about alternative voluntary
approaches.




       Report on Public Consultations for Consumer Protection Reform          29
To this end, we would like to work with these and other sectors to encourage voluntary
codes of practice, complaints-handling, mediation and arbitration approaches. By
creating the capacity for future government-imposed standards in legislation as well as
the potential to approve or endorse voluntary standards, we aim to encourage the
creation of timely and relevant standards that can be effectively enforced.

Leadership in the Region
The CAD already plays a leading role in the Caribbean region by offering assistance to
other countries on administering consumer protection programmes as well as
participating actively on a number of CARICOM-wide initiatives to harmonize and
develop standards of protection for the region. The upcoming establishment of the
CARICOM Single Market and Economy highlights the need to continue to show vision and
leadership in this area.

Modern consumer protection legislation and administration can also support Government
strategies for promoting innovation and growth in the country such as Vision 2020 and
fastforward, the National Information and Communication Technology (ICT) Strategy. By
promoting modern laws, enhanced dispute resolution, and electronic transactions, the
country can ensure it is positioned to be a safe, competitive, and attractive place to do
business.

The Ministry is committed to ongoing consultations with consumers, businesses, and other
government agencies to ensure that our consumer laws reflect the needs of today and
can effectively adapt to the needs of tomorrow.

Timing
In the summer of 2006, the Ministry will obtain consulting support to assist with the
development of new consumer legislation and advice on how the CAD can be
structured to effectively educate the public about, administer, and enforce consumer
protection laws in the country. We expect draft legislation to be prepared in 2007 and
considered for tabling as a Bill in the Legislature.




         Report on Public Consultations for Consumer Protection Reform      30

						
Related docs
Other docs by benbenzhou
Green Tea Colostrum
Views: 22  |  Downloads: 0
Engr Intro to Engineering
Views: 1  |  Downloads: 0
A BASIC OIL Jojoba Oil
Views: 269  |  Downloads: 0
Palaro_B_030810
Views: 36  |  Downloads: 0
MIT ALOE VERA
Views: 6  |  Downloads: 0