Oran Hall | Let the Consumer Affairs Commission fight for you

The Consumer Affairs Commission, CAC, recovered $17.21 million as compensation for aggrieved customers from 971 complaints for the period April to November, 2024, according to the Jamaica Information Service.

By protecting consumers from financial loss, the CAC plays an important role in building financial security.

Among the many rights of consumers are the right to be informed, the right to choose from a variety of goods and services at fair prices, the right to redress, the right to consumer education, and the right to a healthy environment.

The Consumer Protection Act 2005 (Amended 2012) protects consumers’ rights and protections in trade and commerce. It gives consumers the right to receive correct goods and services and remedies for defective goods, including repairs, returns and refunds, and protection against misleading advertising.

An agency under the Ministry of Investment, Industry and Commerce, the CAC is the agency that gives life to the Consumer Protection Act by its work in consumer protection. It investigates consumer complaints. It informs and empowers consumers about their rights and responsibilities. It resolves disputes between consumers and suppliers of goods and services through mediation and the enforcement of consumer protection laws, notably the Consumer Protection Act. It promotes fair trading between consumers and the suppliers of goods and services, and it engages in public outreach to educate consumers through workshops, seminars, and public presentations.

The scope of the CAC includes the following: physical safety, for example, in relation to food and drugs; promotion and protection of consumers’ economic benefits, such as hire purchase and fair trading; promotion of standards of safety and the quality of consumer goods and services; use of accurate weights and measures; and promotion of measures which enable consumers to get redress in accordance with legislation such as the Rent Restriction Act and the Trade Act.

Aggrieved consumers must take the initiative to have their complaints settled by directly engaging the supplier of the goods and services, then inviting the CAC to act for them if the matter is not resolved satisfactorily. To begin the process, it is a good idea to go to the website of the CAC – www.cac.gov.jm, but it is possible to contact the agency by telephone at 876-906-5425 or 888-991-4470 and by email at info@cac.gov.jm.

The complaints process involves completing the form on the website, providing the details of the merchant or service provider, describing the problem, including a detailed description of the complaint and the relevant facts, and stating what action the CAC is expected to take to resolve the matter, for example, refund or replacement of the item. Thereafter, the CAC works towards a resolution.

Usually, the CAC keeps the complainant informed about how the matter is going and may suggest further action if it is not able to resolve it. To make the process start promptly and run smoothly, it is important for the complainant to supply with the complaint personal information such as full name, address, email address and telephone number. The date of the transaction and the name of the person who provided the good or service, or with whom contact was made, if available, can be helpful.

Supporting information such as copies of receipts, contracts, warranty documents, model and serial details of the products in question, photographs and video evidence showing the damage or defects of the goods, expert opinions like inspection reports, emails, letters, and any prior responses from the supplier, are helpful in bringing about an effective resolution.

The range of remedies under the Consumer Protection Act include the following: repair or removal of the defects by the seller or manufacturer, replacement with new goods without defects, refund if repairs or replacement are not possible or satisfactory, compensation for financial losses, and withdrawal of hazardous goods.

The CAC is delivering benefits to consumers. In the period April to November 2024, the top categories in which the CAC secured compensation for consumers were electrical equipment and appliances, other services, and utilities. In 2023, April to October, it secured compensation of $22 million for consumers from 893 complaints, with a resolution rate of 64.05 per cent.

The CAC also uses the Jamaica Information Service to educate members of the public about their rights by, for example, urging dissatisfied consumers to voice their concerns through proper channels, urging vendors to uphold transparency and respect the rights of shoppers to information, urging consumers to be aware of their shopping rights, and to file reports rather than ranting.

It seems that far too few consumers are availing themselves of the services of the CAC. It is true that it takes time and effort to file reports and to resolve the issues, but benefits accrue when there is a resolution. The CAC exists to protect consumers.

Effective consumer protection ultimately saves consumers from financial loss by compensating them for losses suffered. It puts consumers in a better position to build a better, more secure financial position for themselves and their families.

Oran A. Hall, author of Understanding Investments and principal author of The Handbook of Personal Financial Planning, offers personal financial planning advice and counsel.finviser.jm@gmail.com