Difference between revisions of "Introduction to Consumer Protection (11:I)"

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Introduction to Consumer Protection (11:I) (view source)

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*The ''BPCPA'' is concerned with the ethics of a transaction, such as deceptive and unconscionable practices as well as information requirements for many types of consumer contracts. The BPCPA also gives consumers the right under some circumstances to get out of contracts  in which the consumer has ongoing obligations under the contract, such as time share, gym memberships, and book of the month contracts. If the  client wishes to get out of future obligations under a contract, see [[Direct Sales, Future Performance, and Time Share Contracts (11:V)#A. Direct Sales | Section V.A: Direct Sales]], below. In addition, the Act regulates businesses that offer such contracts and other transactions that are open to abuse, such as direct sales and payday lenders. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.
*The ''BPCPA'' is concerned with the ethics of a transaction, such as deceptive and unconscionable practices as well as information requirements for many types of consumer contracts. The BPCPA also gives consumers the right under some circumstances to get out of contracts  in which the consumer has ongoing obligations under the contract, such as time share, gym memberships, and book of the month contracts. If the  client wishes to get out of future obligations under a contract, see [[Direct Sales, Future Performance, and Time Share Contracts (11:V)#A. Direct Sales | Section V.A: Direct Sales]], below. In addition, the Act regulates businesses that offer such contracts and other transactions that are open to abuse, such as direct sales and payday lenders. One of the key features of the Act is that it provides for statutory causes of action for certain kinds of consumer transactions.


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''Motor Dealer Act'', RSBC 1996, c 316 [''MDA'']. 
*The ''MDA'' contains important disclosure requirements for dealers selling to consumers. It requires disclosure of the prior history of a car (for example, its use as a taxi) and any damage  suffered over $2,000, and other important information. The administration of this Act became  self-regulated as of April 1, 2004. Clients with consumer complaints regarding car dealers should now be directed to the Motor Vehicle Sales  Authority of British Columbia.
 
''Personal Property Security Act'', RSBC 1996, c 359 [''PPSA''].
*The PPSA governs all security agreements as well as chattel mortgages, conditional sales, floating charges, pledges, trust indentures, trust    receipts, assignments, consignments, leases, trusts, and transfers of chattel paper that secure payment or performance of an obligation. A  security interest is an interest in goods or other property that secures payment or performance of an obligation for a lender. It used to matter who retained title; however, recent cases abolished title as an important factor. See also [[Conditional Sales Contracts and Security Agreements (11:VI) | Section VI: Conditional Sales Contracts and Security Agreements]].
 
''Bills of Exchange Act'', RSC 1985, c. B-4, ss. 188-192.
*This Act states that a promissory note is a written promise to pay a specified sum of money, at a fixed time or on demand. These are commonly  used in conjunction with executory contracts, where one party has fulfilled his or her material obligations and the other party still has some or all outstanding.
 
=== 2. Resources ===
 
'''Consumer Protection BC (previously the Business Practices and Consumer Protection Authority)'''
Toll-free: 1-888-564-9963                                         
Website: http://www.consumerprotectionbc.ca
*Consumer Protection BC operates at arm’s length from government and has responsibility for a range of licensing, inspection, investigation,  and enforcement activities. If consumer protection legislation appears to have been violated, the aggrieved party can phone Consumer Protection BC to report the infraction. This is the office to contact for students (on behalf of clients) seeking action by the Director under the statutory causes of action found in consumer protection legislation. This office also has a mandate to receive and act on consumer complaints generally.
 
'''Motor Vehicle Sales Authority of British Columbia (formally known as the Motor Dealer Council of BC)'''
Telephone: (604) 574-5050
Website: http://www.mdcbc.com
*This is the office to contact if one believes that the MDA has been violated or one has questions regarding the provisions in the MDA.
 
'''Better Business Bureau'''
Telephone: (604) 682-2711
Website: http://www.bbb.org/mbc
*Businesses voluntarily join this association, which provides self-policing of the business community. Complaints against a member company can  be made at this office, which offers an extra-judicial resolution process for conflicts between consumers and member companies. Information about a specific member company can also be obtained.
 
Dial-a-Law
Telephone: (604) 687-4680
Website: http://www.cba.org/BC/Public_Media/dal/
*This service provides pre-recorded summaries on the law pertaining to a wide variety of issues in consumer law. Some useful tapes include:
 
{| class="wikitable"
|-
| Door-to-Door Sales: 255 || Buying Goods by Mail Order: 256
|-
| Purchasing Defective Goods: 257 || Car Repairs: 198
|-
| Deceptive Trade Practices: 260 || Leasing a Car: 196
|-
| Credit Cards: Unsolicited, Lost or Stolen: 259 || Buying a Used Car: 197
|}
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