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Consumer Protection Act 2007

Importance of Consumer Protection Act, 2007

The consumer Protection Act, 2007 (CPA) which came into effect on 1st may 2007, is the most significant Consumer protection legislation released in almost three decades. The legislation has been designed to give greater protection for Irish consumers against unfair, misleading and aggressive commercial practices. CPA has been modernised to give far greater protection for consumers.

CPA also outlaws many different practices giving consumers the added benefit of protection against; unwanted cold calling, pyramid selling, prize draw scams etc. In addition, giving tougher penalties and on the spot fines for people who break the law.

Through enforcement measures and self regulation the act includes measures which are aimed at fostering compliance with consumer legislation.

The Three key elements of the act are:

  • establishment the National Consumer Agency (NCA) on a statutory basis
  •  updating and consolidating consumer legislation and repealing some old consumer laws
  • transposing the EU Directive on Unfair Commercial Practices(UCPD)

The National Consumer Agency (NCA)

The National Consumer Agency (NCA) was established on 1 May 2007 as an independent body. The roles and responsibilities of the Director of Consumer Affairs were transferred to the new Agency. NCA responsibilities include
promoting and protecting the interests and welfare of consumers through: enforcement of consumer legislation, advocacy, research, education, and awareness.

Unfair Commercial Practices Directive (UCPD)

This legislation works together with Unfair Commercial Practices Directive (UCPD) which was adopted in may 2005 to give consumers more confidence when purchasing products overseas and the same protection against unfair practices and rogue traders whether they are buying from the local corner shop or buying abroad.

Practices who provide a service or product which contains false or untruthful information that is likely to decieve the average consumer in anyway and likely to cause him/her to take a transactional decision that he/she would not otherwise have taken is an example of a misleading practice. Also, if that product/service is advertised misleadingly or significant information is with held at point of sale is known as a misleading practice.

By decieving the consumer in this manor, practices are deviating from the guidelines set out by the Consumer Protection Act 2007 which is a criminal offence.
 
The National Consumer Agency (NCA) can inflict its powers to support consumers, to help achieve complience by prosecution, compliance notices, undertakings, prohibition orders and fixed payment notices. They have power to work closely with regulators such as the financial regulator and the telecommunications regulator to ensure that consumers interests are prioritised.



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