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Difference between revisions of "Unfair or Deceptive Practices"
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Unfair or Deceptive Practices (view source)
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== Summary of the law== | == Summary of the law== | ||
[[File:Consumer_Law_and_Debt_-_Unfair_or_Deceptive_Practices.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
Trade practices legislation for the protection of consumers was first enacted in the 1970s as the ''Trade Practices Act''. Its successor statute, the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], was enacted in 2004. Both statutes build on the law of contract, but try to cover situations where the common-law principles of [[Contracts Overview|contract law]] are insufficient to give a consumer a [[Contract Remedies|remedy]]. | Trade practices legislation for the protection of consumers was first enacted in the 1970s as the ''Trade Practices Act''. Its successor statute, the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], was enacted in 2004. Both statutes build on the law of contract, but try to cover situations where the common-law principles of [[Contracts Overview|contract law]] are insufficient to give a consumer a [[Contract Remedies|remedy]]. | ||
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=== Unsolicited goods or services=== | === Unsolicited goods or services=== | ||
The ''Business Practices and Consumer Protection Act'' states that consumers have no legal obligation to a supplier for goods or services that they have not requested unless they acknowledge in writing an intention to accept the goods or services. (See the section on Unsolicited Goods and Services.) | The ''Business Practices and Consumer Protection Act'' states that consumers have no legal obligation to a supplier for goods or services that they have not requested unless they acknowledge in writing an intention to accept the goods or services. (See the section on [[Unsolicited Goods and Services]].) | ||
=== Remedies === | === Remedies === | ||
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[https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec187_smooth Section 187] of the ''Business Practices and Consumer Protection Act'' says that in any proceeding involving a consumer transaction (as defined under the Act), the parole evidence rule does not exclude or limit the admissibility of evidence relating to the understanding of the parties to the agreement, or to a particular term of it. The equivalent section in the ''Trade Practices Act'' was applied in the ''Findlay case'', which is discussed above. | [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec187_smooth Section 187] of the ''Business Practices and Consumer Protection Act'' says that in any proceeding involving a consumer transaction (as defined under the Act), the parole evidence rule does not exclude or limit the admissibility of evidence relating to the understanding of the parties to the agreement, or to a particular term of it. The equivalent section in the ''Trade Practices Act'' was applied in the ''Findlay case'', which is discussed above. | ||
As well, Part 8 of the ''Business Practices and Consumer Protection Act'' provides for the establishment of compensation funds to provide compensation to consumer victims of deceptive or unconscionable acts or practices or other contraventions of the Act. (See also the section on travel services.) | As well, Part 8 of the ''Business Practices and Consumer Protection Act'' provides for the establishment of compensation funds to provide compensation to consumer victims of deceptive or unconscionable acts or practices or other contraventions of the Act. (See also the section on [[Travel Services|travel services]].) | ||
=== Remedies available to Consumer Protection BC=== | === Remedies available to Consumer Protection BC=== | ||
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== Solving the problem== | == Solving the problem== | ||
The consumer has two main options for resolving a complaint that falls under the ''Business Practices and Consumer Protection Act'': | The consumer has two main options for resolving a complaint that falls under the ''Business Practices and Consumer Protection Act'': | ||
* '''Attempt to resolve the matter directly with the seller | * '''Attempt to resolve the matter directly with the seller''': The usual first step is to attempt to negotiate a resolution (for example, ask for a refund or some money back to compensate for a product that has been misrepresented). The consumer may have to consider court action if a settlement cannot be negotiated.
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* '''Complain to Consumer Protection BC | * '''Complain to Consumer Protection BC''': You can ask them to pursue a remedy on behalf of the consumer, and possibly other consumers who may have been the subject of deceptive or unconscionable practices. The advantage here is that the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] has a number of remedies under the Act only granted to Consumer Protection BC (and not to consumers in their own court action). The consumer also gets the benefit of any court actions by Consumer Protection BC without incurring legal costs.
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For most routine cases, the consumer should expect to negotiate or litigate for themselves. | For most routine cases, the consumer should expect to negotiate or litigate for themselves. | ||
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== Related topics and materials== | == Related topics and materials== | ||
See the other sections on making a purchase: | See the other sections on making a purchase: | ||
* Sale of Goods | * [[Sale of Goods Law]]
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* Deposits in Consumer | * [[Deposits in Consumer Transactions]]
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* Misleading | * [[Misleading Advertising]]
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* Unsolicited Goods and | * [[Unsolicited Goods and Services]]
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* | * [[Leases]]
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See related topics: | See related topics: | ||
* Contract Defences
| * [[Contract Defences]]
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* Contract Remedies
| * [[Contract Remedies]]
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* Contracts | * [[Contracts Overview]]
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* Opting Out and Cooling-off | * [[Opting Out and Cooling-off Periods]]
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* Travel Services
| * [[Travel Services]]
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See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase]. | See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase]. | ||
{{Consumer and Debt Law Navbox|type = consumer}} | {{Consumer and Debt Law Navbox|type = consumer}} | ||
