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CONSUMER PROTECTIONTHE CONSUMER PROTECTION ACTARRANGEMENT OF SECTIONS)1. Short title.PART I. 1ntrrpr 'latiun2. Interpretation.3. Application.4. Criteria for organizations purponing to provide S C M C S forprotection of consumers.PART 11. Estahlishn mtand Funclions of the Co nrnission5. Establishment of Consumer AtTairs Commission.6. Functions of Commission.PART 111. Adnrinistratian7. Complaints made to the Commission.8. Discretion not to wndud investigation.9. Power to investigate not precluded.10. Summoning persons to give evidence.11. Obligations of persons summoned.12. Paper, book,record or documcnt as evidence.13. Funds and resources of the Commission.14. Keeping of accounts and records.'?15. Annual reports and estimates.16. Exemption from income tax.17. Minister to make orders.PART IV. Duties of Providers and Consumers18. Information to consumer.
CONSUMER PROTECTION20. Receipt to be given to consumer.2 1. Wananties.22. Damage resulting from use of service or goods23. Damaged goods sold to consumer.24. Return of defective goods25. Return of electrical goods.26. Approved and nonapproved services.27. Businesses offering repair services.PART V . Misleading and Deceptive Conduct, FalseRepresenlalions and Unfair Practices28. Misleading or deceptive conduct.29. Misleadimg public as to the nature, etc , of goods or services.30. False or misleading representation.3 1. Nondelivery of goods or services on contracted date,32. Advertising.33. Advertised dellvery date.34. Conditions of demanding and accepting payment: etc35. Court may order payment of damages or costs.PART W. Ilnfnf Confrncts36. Breach of duty or obligation.37. Excluding or restricting liability by contract.38. Reliance upon contractual provisions where breach.39. Indemnity subject to reasonableness.40. Loss or damage from defective goods or negligence of manufacturer.41. Effect of Sale of Goods and Hire Purchase Acts.42. Satisfxing reasonableness where contract terminated.43. Keasonableness.44. Alternative dispute resolution.(The inclusion of rhir page k avlhorivd by L.N. 180AR0061
CONSUMER PROTECTONPART VII. Alisce/laneous45. Goods or services acquired by instalnient.46. Apportionment of payments where service not received47. Purporting to act on Bill of Sale.48. Registration of providers.49. Minister may amend monetary penalties.50. Regulations.5 1. Vesting of property.
CONSUMER PROTECTIONTHE CONSUMER PROTECTION ACTActs9 or zoos,[lst June , 2005.11. This Act may be cited as the Consumer Protection Act.Short title.PARTI. Interpretation2 . 1 )In this Act unless the context otherwise requires-"acquire" in relation to(a) goods, includes obtaining by way of gift, purchase,or exchange, the taking on lease, hire or hirepurchase; and(b) services, includes accepting the provision of thoseservices;"advertisement" means any form of communication madeto the public or a section of the public for the purposeof promoting goods or services and "advertise" shallbe construed accordingly;"business" includes a professional practice or any otherundertaking that is carried on for gain or reward or inthe course of which goods or services are suppliedotherwise than for free of charge;LCconsumer" in relation to(a) any goods, means(i) any person who acquires or wishes to acquiregoods for his own private use or consumption;and(ii) a commercial undertaking that purchasesconsumer goods;[The inclusion of this page is authorized by L.N. IIROIO I'"Ierpretation.
CONSUMER PROTECTION(b) any services or facilities, means any person whoen ploysor wishes to be provided with the servicesor facilities; and(c) any accommodation, means any person whowishes to occupy the accommodation;"document" includes, in addition to a document inwriting(a) any map, plan, graph or drawing;(b) any photograph;(c) any disc, tape, sound track or other data (not beingvisual images) which are embodied so as to becapable (with or without the aid of some otherequipment) of being reproduced therefrom; or(6) any film (including microfilm), negative, tape orother device in which one or more visual imagesare embodied so as to be capable (with or withoutthe aid of some other equipment) of being reproduced therefrom;"goods" includes all kinds of property other than realproperty, securities, money or choses in action;"hire purchase agreement" means an agreement for thebailment of goods under which the bailee may buy thegoods, or under which the property in the goods willor may pass to the bailee;"negligence" means the breach-(a) of any obligation, arising from the express orimplied terms of a contract, to take reasonable careto exercise reasonable skill in the performance ofthe contract;( 6 ) of any common law duty to take reasonable care orexercise reasonable skill in the performance of acontract; or[The inclusion of this page is authorized by L.N. llROlOI
CONSUMER PROTECTION(c) of the common duty of care imposed by theOccupiers' Liability Act; and"provider" in relation to(a) any goods, means any person who sells goods;(b) any services or facilities, means any person whoprovides services or facilities.(2) In this Act a reference to(a) the acquisition of goods includes a reference to theacquisition of property in, or rights in relation to,goods, in pursuance of a supply of the goods;(b) the supply or acquisition of goods or services includesa reference to an agreement to supply or acquire goodsor services;(c) the supply or acquisition of services includes areference to the supply or acquisition of goods togetherwith other property or services; and(d) the supply or acquisition of services includes areference to the supply or acquisition of servicestogether with property or other services or both.3.-(1)Subject to subsection (2), this Act shall apply to allpersons involved in trade or business whether through thepurchasing or vending of goods or services.Application.(2) The Minister may by order, subject to affirmativeresolution, exempt categories of trade or business from theapplication of this Act.4. Any organization purporting to provide services for theprotection of consumers shall be a non-profit organization thepurpose of which is to-(a) promote and protect consumer rights;[The inclusion o f this page is authorized by L.N. llnOlO ICriteria fororgenizations purporting toprovide services forproleclioliof consLilners.
CONSUMER PROTECTION(b) represent the collective interests of consumers beforejudicial or administrative bodies;(c) represent consumers' interests to government andpersons engaged in the business of producing,supplying or distributing goods or providing services;and(4 collect, process and disseminate objective informationfor the benefit of consumers.PART11. Establishment and Functions of the Commissionof ConsumerAffairscornmission.First Schedule.FunctionsConim ssion.5.-(1)There shall be established for the purposes of this Acta body to be called the Consumer Affairs Commission(hereinafter in this Act referred to as the Commission), whichshall be a body corporate to which the provisions of section 28of the Interpretation Act shall apply.(2) The provisions of the First Schedule shall have effectas to the constitution of the Commission and otherwise inrelation thereto.6.-31) Subject to subsection (3), the Commission shall(a) carry out, at the request of a consumer who has beenadversely affected, such investigations in relation to thesale of goods or the provision of services as will enableit to determine whether the goods were sold or theservices were provided in contravention of this Act orPart IV of the Electronic Transactions Act andthereafter to make such report and recommendationsin connection therewith as it thinks fit to the Minister;(b) carry out, on its own initiative, such other investigations in relation to the availability of goods of anyclass or description as it thinks fit and make such reportand recommendations as it thinks fit to the Minister;(c) promote the development of organizations formed forthe protection of the consumer and ensure that theyfulfill the criteria listed in section 4;[The inclusion of this page is authorized by L.N. IlROlOI
CONSUMER PROTECTION(4collect, compile and analyze information in relation toany trade or business;(e) provide information to consumers on their rights asconsumers and any other form of consumer education;V) implement education programmes for the benefit ofconsumers, suppliers and service providers;Cg) seek to resolve disagreements between consumers andproviders; and(h) cany out such other functions as the Minister mayassign to the Commission from time to time.(2) Subject to the provisions of this Act, the Commissionmay, for the purpose of exercising or discharging any of itsfunctions under this Act, do anything and enter into anytransaction which, in the opinion of the Commission, isnecessary to ensure the proper exercise or discharge of itsfunctions.(3) The Commission shall investigate, in the mannerprovided in sections 7 to 12, any action alleged to have beentaken by a provider to the disadvantage of the complainant.7.-(1) A complaint to the Commission may be made by ar,yperson or body of persons, whether incorporated or not, whoclaims to have suffered a disadvantage in relation to theacquisition of goods or services.( 2 ) Where the complainant( a ) is a minor, the complaint may be made by his parent orguardian; or( b ) is unable to act for himself by reason of infirmity orany other cause or has died, the complaint may bemade by a member of his family or his personalrepresentative.(Tho inclusion of this page is authorized by L.N. 180An0061Complaintsmade tomission.
CONSUMER PROTECTION(3) Every complaint to the Commission may be madeorally or in writing.(4) The Commission may, upon the request of a complainant as specified in subsection (2), represtct thatcomplainant in the event that litigation is contemplated.(5) Where litigation is contemplated by the complainantin relation to a complaint that was not in writing, theCommission shall obtain from the complainant a written versionof the complaint signed by the complainant.Disnetionnotto conduotinvestigation.8.-(1) The Commission may, in its absolute discretion,determine whether to undertake or continue an investigationunder this Act and in particular, but without prejudice to thegenerality of the foregoing, may refuse to undertake or continueany investigation if it is of the opinion that-(a) the subject matter of the complaint is trivial;(b) the complaint is frivolous or vexatious or not made ingood faith;(c) the complainant has delayed for too long the making ofhis complaint;(d) the complainant does not have a sufficient interest inthe subject matter of the complaint;(e) the subject matter of the complaint should moreappropriately be dealt with by another body or anotherforum; orV) having regard to all the circumstances of the case-(i) hrther investigation is not necessary; or(ii) no investigation is possible or necessary.(2) Where the Commission decides not to undertake orcontinue the investigation of a complaint, it shall, in writing,inform the complainant of that decision and give reasonstherefor.lThr inclulion o f this page la authorhd by L.N. 18OA/20061
CONSUMER PROTECTION9.-(1) The Commission shall not be precluded fromconducting an investigation in respect of any matter by reasononly that it is open to the complainant to apply to the court forredress under any other enactment.3.--11:';Etanotprecluded.(2) If any question arises as to whether the Commissionhas jurisdiction to investigate any case or class of case under thisAct, the Commission or any provider whose actions are underinvestigation may apply to the Supreme Court for a declarationdetermining that question.(3) The fact that an action is commenced in any court inconnection with a matter under investigation by the Commissionshall not, unless the court otherwise directs, preclude suchinvestigation.10.-(1) The Commission shall have power to summon anyperson to attend before the Commission in relation to aninvestigation being conducted by it and to give evidence or toproduce any document which is-Summu"h personstogiveevidence.(a) in the possession or under the control of such person;and(b) relevant to the matter under investigation(2) A summons under this section(a) shall be in the form prescribed in the Second Schedule;,e,::;::and(b) may be served by a district constable, bailiff or anoflicer of the Commission so authorized.111.--(I) All persons summoned to attend and give evidenceor to produce a document before the Commission shall be(a) entitled, in respect of such evidence or the disclosure ofany communication or the production of any suchdocument, to the same right or privilege as before acourt of law; and[The inelusion of this paps is sulhorized byL.N. 18OA/10061ofOblig"'Onspersonssummoned.
CONSUMER PROTECTION(6) entitled to be paid their expenses, including travellingexpenses, at the rates prescribed by the Witnesses'Expenses Act for witnesses who are entitled to havetheir expenses paid from public funds:Provided that the Commission may, if it thinks fit, disallowthe whole or any part of such expenses in any case.(2) Any person who-(I (a) without sufficient cause, fails or refuses to attendbefore the Commission in obedience to a summonsunder this Act, or fails or rekses to produce anydocument which he was required by such summons toproduce;(b) being a witness, leaves the Commission without thepermission of the Commission;(c)being a witness, refuses, without sufficient cause, toanswer any question put to him by or with thepermission of the Commission; or(d) wilfully obstructs or interrupts the proceedings of theCommission,commits an offence and shall be liable on summary convictionbefore a Resident Magistrate to a fine not exceeding fivehundred thousand dollars or in default of payment thereof toimprisonment for a term not exceeding two years.Paper, book,remrd ordocumem asevidence.Funds andresources ofthe Com-mission.12. In all legal proceedings any paper, book, record ordocument produced to the Commission pursuant to section 10shall be received as prima facie evidence of the truth of thestatements contained therein13. The fimds and resources of the Commission shall consistof-(a) such moneys as may from time to time be placed at itsdisposition for the purposes of this Act by Parliament;(The lncludon of thb pageI# m l b o r h d by L.N. 180Alt006)-(.
CONSUMER PROTECTION( b ) all other moneys and other property which may in anymanner become payable to, or vested in the Commission in respect of any matter incidental to itsfunctions.\14.-(1) The Commission shall keep proper accounts andother records in relation to its business and shall prepireannually a statement of accounts in a form satisfactory to thcMinister, being a form which shall conform with establishedaccounting principles.E:gsofandrecords(2) The accounts of the Commission shall be auditedannually by an auditor or auditors appointed annually by theCommission and approved by the Minister.(3) The Auditor-General shall be entitled at all reasonable times to examine the accounts and other records in relationto the business of the Commission.15.-(1)The Commission shall, in each year-(a) on or before the 31st day of July, submit to theMinister a report of its activities during the twelvemonths ending on the 3 1st day of March in that year,including a statement of its accounts audited inaccordance with the provisions of section 14;AMU mootis andestimtes.( b ) on or before the 30th day of September, submit to theMinister for his approval its estimates of revenue andexpenditure for the financial year next following.(2) The Minister shall cause copies of reports submitted'ipursuant to subsection @(a) together with the annual statementof accounts and auditor's report thereon to be laid on the Tablesof the House of Representatives and of the Senate and annualstatements of such accounts and auditor's report shall bepublished in the Gazette.16. The income of the Commission shall be exempt fromincome tax.[Tblncludon of this page is s u t h o h d by L.N. 180AIZ0061income tax.
CONSbMER PROTECTION14Minister tomake orders.17.-41) Subject to the provisions of subsection (2), theMinister may, by order-(a) regulate the distribution, purchase or sale of goods orany class or description of goods;(b) provide for the recall of certain goods and serviceswhich are dangerous or hazardous to safety and therefimd or remission by the provider of the purchaseprice paid;(c) provide for the firrnishing by persons canying onemployed in connection with any trade or businessinformation concerning all or any of the elementsthe contents of goods, or the cost or the sale pricegoods or any class or description of goods boughtsold whether by wholesale or retail in such tradebusiness; orCorofofoforor(9requirethe provision and maintenance, at places atwhich goods are offered for sale by retail, of meanswhereby persons wishing to purchase any of thosegoods may ascertain the weight or measurementthereof(2) Without prejudice to the generality of subsection (1)(9,the Minister may, by order, require--(a) that the prices of those goods shall be marked on thegoods or on any container in or from which they aresold; and( b ) that persons shall not be obstructed in any attempt toascertain at the place at which they wish to purchaseany of those goods, the weight or measurement thereof.(3) Nothing in subsection (1) or (2) shall be deemed toauthorize the Minister to make any order under that subsectionregulating the exportation, distribution, purchase, sale or price ofany goods the exportation, distribution, purchase, sale or price(as the case may be) of which is, or may be, regulated under orby virtue of the provisions of any Act.IThc lneluslon of thla p a p b a u l h o r l dby L.N. 18OA/20061(
CONSUMERPROTECTION15PART IV. Duties of Providers and Consumers.-,.)c18.--(I) At any time before payment is made for any goods u (whether sold as new or used) a provider shall, in addition to therequirements of any other enactment relating to the packaging,labelling or description of goods, provide to the consumer,verbally or in writing in the English language, all informationconcerning the goods being sold.(2) The information referred to in subsection (1) is(a) where applicable, the origin, price in the currency ofJamaica, care, terms, components, proper use, weight,size, instructions for assembly and installation of thegoods; and(6) where chargeable, the professional fees of the providerin respect of the goods.(3) Where a provider refuses or fails to comply withsubsection (1) he shall, notwithstanding anything to the contraryin the warranty document, be responsible for any damage doneto the goods by the consumer that can be directly attributed tothe consumer's lack of information.(4) A provider who contravenes subsection (1) commitsan offence and is liable on summary conviction before aResident Magistrate to a fine not exceeding two hundredthousand dollars.19.-(1) A consumer shall at all times be entitled to check the '"'"';?weight, volume or other measurement of any goods that he may goods.be purchasing where the weight, volume or other measurementof the good materially affects or determines the price thereof.(2) For the purposes of subsection (I), any provider ofany good that is sold by reference to its weight, volume or othermeasurement shall provide appropriate measurement standardsin accordance with the Weights and Measures Act for use by theconsumer at the time of purchase.(3) A provider commits an offence if in selling orpurporting to sell any goods by weight or other measurement orby number, he delivers or causes to be delivered to theconsumer, a lesser quantity than that purported to be supplied orthat corresponds with the price charged.[ T lnelu lonP
CONSUMER PROTECTION 20. Receipt to be given to consumer. 2 1. Wananties. 22. Damage resulting from use of service or goods 23. Damaged goods sold to consumer. 24. Return of defective goods 25. Return of electrical goods. 26. Approved and nonapproved services. 27. Businesses offering repair services. PART V. Misleading and Deceptive Conduct, False
