Consumer Protection from Deceptive and Unconscionable Acts (11:IV): Difference between revisions
Jump to navigation
Jump to search
Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
Revision as of 06:55, 6 August 2021
, 6 August 2021→E. Powers of the Director
| Line 116: | Line 116: | ||
* b) Institute proceedings or assume the conduct of proceedings on behalf of a consumer; | * b) Institute proceedings or assume the conduct of proceedings on behalf of a consumer; | ||
* c) Make an order (called a “freeze” order) against assets of a person who is being investigated (s 159). This order can also be attached to property being held in trust for a person under investigation. Thus, although CPBC is not empowered to actually seize money, it is able to freeze accounts, which can be a way to encourage supplies to transfer funds to consumers; | * c) Make an order (called a “freeze” order) against assets of a person who is being investigated (s 159). This order can also be attached to property being held in trust for a person under investigation. Thus, although CPBC is not empowered to actually seize money, it is able to freeze accounts, which can be a way to encourage supplies to transfer funds to consumers; | ||
* d) Refrain from bringing an action against a supplier and accept instead a written undertaking under s 154 of the BPCPA. This undertaking usually takes the form of a formal agreement between the Director and supplier and may involve consumer redress. It is probably one of the most effective remedies under the BPCPA because it avoids both the time and expense of court proceedings; | * d) Refrain from bringing an action against a supplier and accept instead a written undertaking under s 154 of the ''BPCPA''. This undertaking usually takes the form of a formal agreement between the Director and supplier and may involve consumer redress. It is probably one of the most effective remedies under the BPCPA because it avoids both the time and expense of court proceedings; | ||
* e) Issue a compliance order under s 155 of the BPCPA where compliance is mandatory. The Director can order restitution and compensation to the consumer with this function (s 155(4)) without having to go through court proceedings. If a person fails to comply with a compliance order, they are committing an offence under s 189(5) and could face a fine of not more than $10,000, imprisonment for not more than 12 months, or both; | * e) Issue a compliance order under s 155 of the ''BPCPA'' where compliance is mandatory. The Director can order restitution and compensation to the consumer with this function (s 155(4)) without having to go through court proceedings. If a person fails to comply with a compliance order, they are committing an offence under s 189(5) and could face a fine of not more than $10,000, imprisonment for not more than 12 months, or both; | ||
* f) File an undertaking, compliance order, or a direct sales prohibition order with the Supreme Court. Doing so would mean that the undertaking or order is deemed to be a court order, and thus it will be enforceable as such (s 157). This can be useful in encouraging resolution amongst parties. | * f) File an undertaking, compliance order, or a direct sales prohibition order with the Supreme Court. Doing so would mean that the undertaking or order is deemed to be a court order, and thus it will be enforceable as such (s 157). This can be useful in encouraging resolution amongst parties. | ||
* g) Seek a declaration and/or injunctive relief on behalf of a consumer, or a class of consumers, and make their applications ex parte (s 172); and | * g) Seek a declaration and/or injunctive relief on behalf of a consumer, or a class of consumers, and make their applications ''ex parte'' (s 172); and | ||
* h) Impose an administrative penalty under s 164. | * h) Impose an administrative penalty under s 164. | ||