There have been quite a number of articles and expositions on the Federal Competition and Consumer Protection Act, 2018 (FCCPA) with emphasis on the Competition aspect of the Act. However, there are quite a number of provisions in the FCCPA with regards to the protection of consumer rights and duties of manufacturers, importers, distributors, suppliers which are noteworthy. This article will attempt to highlight these provisions and where applicable compare them with what was obtainable under the repealed Consumer Protection Council Act, 1992 (CPA).
It is important to identify who a consumer is. The FCCPA defines a consumer as “including any person who purchases or offers to purchase goods otherwise than for the purpose of resale but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any other goods or articles for sale or to whom a service is rendered.” This definition also includes a person who makes an offer to purchase goods but doesn’t end up making the purchase. Furthermore, the definition excludes anyone who buys goods for the purpose of reselling them and a person who buys goods for the purpose of using them for production or manufacture of other goods.
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The definition of a consumer under the FCCPA departs from the one in the CPA which defined a consumer as an individual, who purchases, uses, maintains or disposes of product or services. The CPA did not recognise one who makes an offer as a consumer and it recognised one who disposes of products or services (retailers and wholesalers) as consumers.
The FCCPA established a number of consumer rights in its Chapter XV. Some of the rights are as follows;
Right to information in plain and understandable language – Section 114: This refers to the right of the consumer to receive notices or documents or visual representations which he or she is required to receive. Such information should be in the prescribed form and in plain language. Plain language is one which an ordinary consumer of the class of persons for whom the notice was made with average literacy skills and minimal experience of the products could be expected to understand.
Right to select suppliers– Section 119: This refers to the right of a consumer to freely choose a supplier of goods or services. It prohibits a supplier of goods or services from offering or supplying goods or services on conditions such as purchasing of any other particular goods or services from that supplier. The only condition under which this would be permissible is if the supplier can demonstrate that the convenience for bundling the goods or services outweighs the limitations to the consumer’s right to choice or that the bundling results in economic benefits to the consumer.
Right to cancel advance reservation, booking or order – Section 120: This gives the consumer the right to cancel reservations, bookings or orders made in advance. This right is subject to the payment of reasonable fees. A cancellation fee would be seen as unreasonable if it exceeds a fair amount in the circumstances having regard to the nature of the goods, length of notice of cancellation, potential of finding an alternative consumer and the general practice of the relevant industry. A cancellation fee will not apply where failure to honour the booking, order or reservation was as a result of the death or hospitalisation of the person for whom the booking, order or reservation was made.
Right to choose or examine goods – Section 121: A consumer has the right to select or reject goods displayed in or sold from open stock. A consumer will also not be held responsible for any loss or damage to any goods displayed by a supplier, unless the loss or damage was as a result of gross negligence or recklessness, malicious behaviour or criminal conduct. This also implies that if customer damages goods in circumstances that are not as a result of gross negligence or recklessness, malicious behaviour or criminal conduct, such a customer will not be liable to pay for the damaged goods.
Right to return goods – Section 122: This refers to the right of the consumer to return defective or unsafe goods, goods that are not suitable for a particular purpose and goods that the consumer did not have an opportunity to examine before delivery which did not correspond with description, sample, type and quality contemplated. In the event of a return, the consumer shall be entitled to receive a full refund of what was paid for the goods.
ULOAKU EKWEGH
Ekwegh is a private legal practitioner with over 15 years legal experience in law firms and as in-house counsel. She is also a fellow of the Institute of Management Consultants.
