Difference between revisions of "Miscellaneous Consumer Protection Legal Information (11:VIII)"

Section 4(1) of the ''TLR'' requires that a telemarketer have a license for each location in which they conduct business. Section 7 outlines the various records a telemarketer must keep for each sales contract entered into, and stipulates that the records be maintained for a period  of two years after the contract is entered into by the consumer. Section 8 of the TLR prohibits several acts and practices by telemarketers. Section 8(2) prohibits contacting a consumer by either phone or fax on (a) statutory holidays, (b) outside of the hours of 10 a.m. – 6 p.m. on Saturdays or Sundays, and (c) outside of the hours of 9 a.m. – 9:30 p.m. on any other day. Section 8(3) prohibits contacting a consumer more than once in 30 days for the same transaction. Section 8(4) prohibits telemarketers from blocking their number on the call display of the consumer. Section 8(5) requires that, before the consumer enters into a contract or commits to contributing money, a telemarketer acting on behalf of a supplier disclose (a) the name, business address and telephone number of the supplier, or (b) the purpose of the contribution if requesting a donation. D.       Repairer’s Liens The Repairer’s Lien Act [RLA], which codifies the common law possessory lien, offers an extremely powerful collection tool for those  who repair or do other work on chattels. With respect to any chattel, it allows the repairer to simply retain possession of the goods until paid and, if payment is not forthcoming, to sell the goods to recover the cost of the repair. In addition, for a limited category of chattels,  the most important of which is motor vehicles, the RLA, if followed precisely, allows the repairer to maintain and enforce a lien on a vehicle, even after it has been returned to the owner. This is a common consumer problem encountered by individuals whose vehicles have been  seized by a bailiff following a dispute over the amount of a repair bill. The most important requirement for a valid repairer’s lien is that  the repairer, after doing the work but before releasing possession of the vehicle, must get the owner to sign an acknowledgement of indebtedness (often included as part of the repair invoice). The repairer then has 21 days to file a lien in the Personal Property Registry and, if everything has been done properly, the lien remains valid for a period of six months and can be renewed for an additional six months.  At any time while the lien is subsisting, the garage keeper or repairer can have the vehicle seized by a bailiff.  

11-37Another common consumer complaint with respect to repairer’s lien seizures is the amount of the bailiff’s fee. A schedule to the RLA limits  certain bailiff fees. See BC Regulation 424/81. Bailiffs frequently try to demand excessive seizure fees. Complaints about excessive fees  charged by bailiffs can be referred to the Director of Debt Collection, Ministry of Attorney General. E.       Liens for Storage The Warehouse Lien Act, RSBC 1996, c 480 gives a statutory lien and power of sale to those who are in the business of storing goods. F.         Towed Vehicles Under s 188 of the Motor Vehicle Act, where an illegally parked vehicle has been towed away, the owner of the vehicle must pay all costs and charges for the removal, care, and storage of the motor vehicle. These costs and charges represent a lien in favour of the keeper of the place where the vehicle is being kept. G.       Electronic Transactions Act The Electronic Transaction Act, SBC 2001, c 10 [ETA] prevents parties from challenging contracts solely on the grounds that they are  entered into electronically. The ETA removes legal uncertainty concerning the enforceability of contracts entered into electronically, and  is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Actprovides  an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and: (i.)the electronic agent did not provide an opportunity to prevent or correct the error; (ii.) the individual notifies the other party that an error has been made as soon as practicable after learning of the error; (iii.) the person making the error takes reasonable  steps to return the consideration in accordance with the instructions of the other party or destroy the consideration if requested to do so; and (iv.) the individual has not received any material benefit or value from the consideration.