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Consumer Protection by Robert O’Keeffe

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If you are involved in the provision of goods or services to consumers, you should  bear in mind the provisions of the Consumer Protection Act 2007.

The Act established the NCA (National Consumer Agency) and one of the NCA’s main functions is to monitor compliance with the Act.

The Act prohibits Traders (persons acting for purposes related to their trade, business or profession) from engaging in Unfair Commercial Practices when dealing with Consumers (persons acting for purposes unrelated to their trade, business or profession), and specifically refers to Misleading and Aggressive Practices.

A list of what are termed ‘Prohibited Practices’ are provided for in the Act, two examples are:

– a trader stating to a consumer that he/she has an approval, authorisation or endorsement which he/she does not have

– a trader stating to a consumer that he/she is about to cease trading or move premises when he/she is not

The NCA, where satisfied that a Trader is in breach of a provision of the Act, can:

1) Apply to Court seeking an Order prohibiting the commercial practice

(or alternatively accept an undertaking from the Trader not to further engage in the  commercial practice.  The NCA can proceed to publish any such undertaking.)

2) Issue a Compliance Notice.  Failure to comply with the issued Compliance Notice amounts to a criminal offence.

4) Issue Criminal Proceedings against the Trader.

In addition, the NCA maintain a Consumer Protection List which names Traders who have been found to be in breach of the Act.

If you have any queries arising from the above, feel free to contact me on 021-4273133 or rokeeffe@como.ie

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Robert O’Keeffe qualified as a solicitor in 2006 and is based in Cork City. He practises in a number af areas including family law, litigation, conveyancing, wills and probate, business law.

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