The Consumer Affairs Commission has compiled a list of the most commonly asked questions by consumers.
1. What is the purpose of the CAC?
The purpose of the CAC is to protect consumers by informing and educating them about their rights and responsibilities; as well as the Consumer Protection Act and any other laws that protect consumers. The Commission also does all in its power to promote ethical behaviour between consumers and providers in the marketplace.
2. What are my rights?
As a consumer, you have rights which are outlined in the Charter of Rights of the Consumer and the United Nations Guidelines for Consumer Protection which Jamaica became a signatory in 1985. There are eleven (11) basic Consumer Rights which are:
- Access
- Inclusivity
- Safety
- Protection of economic interests
- Information
- Education
- Redress
- Representation
- Sustainability
- E-commerce rights
- Privacy
These rights are protected by the Consumer Protection Act 2005 (Amended 2012) and all the other Consumer Protection Laws.
3. What are my responsibilities?
- With rights, come responsibilities. Therefore as a consumer, your responsibilities are to:
- Be aware of the quality and safety of goods and services before purchasing.
- Gather all the information and facts available about a product or service as well as to keep abreast of changes and innovations in the marketplace.
- Think Independently and make choices about well-considered needs and wants.
- Speak out to inform manufacturers and the government of needs and wants.
- Complain and inform business and other consumers of dissatisfaction with a product or service in a fair and honest manner.
- Be an Ethical and fair Consumer by not engaging in dishonest practices which cost all consumers money.
- Respect the Environment and avoid waste, littering and contribution to pollution.
4. What is the Consumer Protection Act 2005 (Amended 2012)
The Consumer Protection Act 2005 (amended in 2012) created the Consumer Affairs Commission (CAC) and the Consumer Protection Tribunal (CPT). This law was passed to protect and empower consumers when they buy goods or obtain services. The CPA brings together many laws that govern the sale, purchase or delivery of goods and services and also forms the rights and responsibilities of consumers and vendors while they conduct business. Under the CPA, the CAC is able to represent consumers in a court of law or before the CPT.
5. Do you charge for your services?
No, we do not make any charge for our services.
6. Are there any conditions before you will assist me?
Consumers are encouraged to first contact the vendor and try to resolve the issue before contacting the CAC. If the issue is unresolved a complaint should be made to the CAC and the matter will be investigated.
7. Do you give advice prior to a purchase or only after a purchase?
Yes, both consumers and providers can contact the Commission for advice.
8. What happens after you have accepted my case or complaint against a provider?
Firstly, the Commission will give you advice specific to your case or complaint. The CAC provides advice based on the Consumer Protection Act. As it relates to applying the CPA to your case, the Commission will contact the vendor and inform the vendor of their responsibilities under the law. We will keep you informed of any developments in your case as they happen. If we are unable to resolve your case, we will suggest other avenues that may be suitable for you.
9. How long does it take you to get a result?
Each case is different – it depends on the particular circumstances. Occasionally we have had positive results in as short a space as an hour. We are however often able to get a more positive response from the vendor than the consumer will have done alone. This process can take time, but we will keep you updated as to any progress. If, ultimately, you are not satisfied with the outcome or response from the vendor, we can provide guidance on any further options available to you.
10. Who gets the refund/compensation recovered by the CAC?
All monies recovered are paid over directly to the consumer.
11. Why can’t I get back my money if I don’t want the item again?... I haven’t used it…
The Consumer Protection Act states that a consumer who purchases a good that in every way is similar or identical to the one requested or described and declared by the provider, is not entitled to a refund if, having left the place from which the vendor sold the good, the consumer for any reason decides that he no longer wants it. Therefore, if you change your mind, the vendor, under the law, does not have to provide a refund once you have left the store.
12. Why can’t you (the CAC) control the price increases?
The Consumer Affairs Commission was initially established in 1971 as the Prices Commission. As the Prices Commission, the main objective was price control where the price of goods and services were regulated. However, this changed when the government began to pursue a liberalised trade economy. In 2005, the Agency’s name was officially changed to the Consumer Affairs Commission with the mandate to protect consumers via market surveillance, complaints resolution and consumer education.
13. Do you deal with telecommunication (telephone and internet services) companies?
The Commission handles all complaints. As it relates to telecommunication complaints, the CAC works to arrive at a reasonable outcome between the consumer and the vendor. In some instances, resolving the complaint will require that the CAC work along with the regulator, the Office of Utilities Regulation.
14. Do you deal with utility (water and sewerage, electricity) companies?
The Commission handles all complaints. As it relates to utility complaints, the CAC works to arrive at a reasonable outcome between the consumer and the vendor. In some instances, resolving the complaint will require that the CAC work along with the regulator, the Office of Utilities Regulation.
