If the States approve, Islanders will for the first time have the same legal rights to complain about false claims, bogus sales, misleading information and aggressive demands as consumers in the UK and the European Union.
It has taken five years to bring the law to the States, following a green paper in 2010, although similar legislation has been in place throughout the EU – including the UK – for the past ten years.
- Claiming a product has been approved by a public or private body when it has not.
- Falsely stating a product is only available for a limited time in order to make the consumer make an immediate decision.
- Bogus closing-down sales.
- Failing to make clear that a seller is actually a trader, for example when selling a second-hand car.
- Creating a false impression that a consumer has won, or will win a prize, when there is no prize.
- Telling a consumer a traders job will be in jeopardy if the consumer does not buy the product.
The regulations list 31 specific unfair practices that are banned in all circumstances, including false claims, misleading information, aggressive sales and unreasonable demands.
Examples include falsely claiming that a product has healing properties; describing a product as ‘free’ if the consumer has to pay for collection or delivery; visiting a consumer at home and refusing to leave when asked; making persistent and unwanted approaches by telephone or email; appealing to children to persuade their parents to buy a product; and requiring a consumer making an insurance claim to produce irrelevant documents, or failing to respond.
The maximum penalty on conviction will be a fine of £5,000, although that sum is being reviewed, unless the accused can show that the offence was a mistake, an accident, or due to another person.
The law will be enforced by Trading Standards officers.
The director of Trading Standards, Trevor Le Roux, described the new law as a ‘milestone’ for the Island, although he said that prosecution would be a last resort.
‘The law is not saying you have to do this or that – it is based on principles, so provided traders deal fairly with consumers, they have nothing to worry about.
‘The good thing about it is that Jersey will now have the same principles in place as the rest of the European Union,’ he said.
Deputy Murray Norton, Assistant Economic Development Minister with responsibility for consumer matters, said that he believed Islanders already had good consumer protection and that this new law would be ‘the final piece of the jigsaw’ that was not only good for consumers, but also for businesses.
‘Sometimes complaints are made by good, honest tradesmen about other businesses that are giving them a bad name,’ said the former restaurant owner.
‘But businesses have nothing to fear if they are a good, honest trader – this is not about red tape.
‘We will be discussing it with the Chamber of Commerce, St Helier retailers, the Jersey Consumer Council and the Citizens’ Advice Bureau and there will be printed material and guidelines.
There has already been a fair amount of consultation, but we want to make sure it is not a surprise and remind people before it comes into force in March.’
Deputy Norton said that consumers needed to be protected against misleading price indications – for example claiming that prices had been reduced when they had not – and traders claiming membership of a trade association that was no longer current.
‘That has never been covered in Jersey before,’ he said.
‘I think this law is really good news. It is very sensible legislation,’ he added.
‘People in Jersey may have felt they were poor relations compared to the UK and it is only right that people here feel more assured.’
The States are due to debate the proposals on 19 January.
