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Consumer Protection

Dáil Éireann Debate, Tuesday - 10 May 2022

Tuesday, 10 May 2022

Questions (166)

Emer Higgins

Question:

166. Deputy Emer Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide details of the consumer rights protections in place for consumers who fall victim to fraudulent activity online and to consumers making purchases online; and if he will make a statement on the matter. [23257/22]

View answer

Written answers

When purchasing from a business based in Ireland or another EU country, the Consumer Rights Directive, transposed by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 provides strong protections, such as certain information the consumer must be given and the right to cancel if they change their mind. These Regulations do not apply in certain circumstances such as buying from another consumer, buying from a business outside the EU or when certain goods or services are purchased.

The information requirements facilitate the consumer making an informed decision before a purchase is made or a contract is entered into and removes any surprises such as hidden charges.  It is in the interests of the consumer that they read this information before agreeing to make a purchase.  The information requirements should be in clear and simple language and include:

- the main characteristics of the purchase

- the contract duration (if applicable)

- the total cost and any additional charges that are to be paid

The Regulations provide protections after goods are purchased or a service signed up to online, such as a statutory right to cancel (called a cooling-off period), timeframes for delivery if none have been agreed and timeframes for refunds from a business when the right to cancel has been exercised.

The Regulations provide 14 days for a consumer to change their mind about a purchase (with some exceptions).  For goods bought, the 14 days begins on the day they are received and for a service, it begins on the day the contract is concluded.  If the business does not inform the consumer of their right to cancel, the cooling-off period can be extended to a maximum of 12 months.  After the business is notified of a cancellation, the consumer has a further 14 days to return the goods to them. 

Delivery times depend on what was agreed at time of purchase, e.g., if a website says delivery will be within 3-5 days, then that is what has been agreed. However, if no delivery timeframe is agreed, then the Regulations state that delivery must be within 30 days. If delivery does not happen within the timeframe agreed, the consumer can either agree a different date or can cancel the contract and get a refund.

The Regulations provide that a business must refund the consumer without undue delay and not later than 14 days after the order is cancelled, where it is cancelled within the cooling-off period.  A business can hold on to the refund until it has proof that the consumer has sent the goods back.

Enforcement of these Regulations falls within the remit of the Competition and Consumer Protection Commission (CCPC).

 Users of the Internet can sometimes fall victim to or encounter an online scam in which attackers attempt to obtain personal information such as logon profiles or banking details or where they are tricked into paying for something that the person has no right to sell or provide. In addition, users may receive emails offering them the chance to obtain a windfall through some means and they need to be aware of the possibility of being scammed.

Where a consumer believes they have been the victim of an online scam or fraud they should report it to their local Garda Station in the first instance, as this is a criminal matter and will be dealt with as a criminal offence.  They may also use the online reporting service of the website or forum on which they were scammed.  

The Consumer Rights Bill 2022, which will be brought before the Oireachtas this week, will consolidate and update existing legislation on the sale of goods and supply of services to ensure that it is fit for the modern digital age and it will also enhance the enforcement powers of the CCPC. 

The Bill will modernise Irish law by including new protections for consumers in relation to digital content (audio and video files, computer games etc.) and digital services streaming services, cloud computing, social media etc.). The Bill will also introduce protections against unfair, misleading and aggressive commercial practices and terms. For instance – there will be new protections against unfair commercial practices relating to fake product reviews, online search queries, the resale of event tickets acquired by using bot software and other matters.

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