Officers fight for your rights

I am often asked about the office of Consumer Affairs and what our exact role is. Even after a lengthy explanation I get puzzled looks and the reply: “So anytime I have a complaint I can call you?”

Not exactly. While we at Consumer Affairs do our best to protect consumers from unfair business practices, unconscionable acts and unsafe goods, we are not Bermuda’s complaints clearing house. We do have our limitations.

Consumer Affairs operates within the Ministry of Culture and Social Rehabilitation’s Department of Human Affairs.

We perform our duties according to the guidelines set out in Part II, Section 4, of the Consumer Protection Act 1999.

Under the Act, Consumer Affairs ensures that “unfair business practices” and “unconscionable acts” are not prevalent in everyday consumer business transactions.

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Additionally, Consumer Affairs provides guidance and advice pursuant to the Sales of Goods Act 1978 and the Supply of Services (Implied Terms) 2003.

This office also has certain enforcement powers under the Copyright and Designs Act 2004.

Bermuda law determines what we can and cannot do.

If you have a legitimate complaint against a local business, contact us.

First, file a complaint with Consumer Affairs by phone, fax, e-mail or online.

The details are entered into a complaint database system and is then assigned to an enforcement officer.

Complainants must give their real name. We do not accept anonymous calls.

All information is treated confidentially, professionally and fairly.

Be completely honest and give all the relevant facts.

Listen to the enforcement officer’s advice and reasons for recommending a particular course of action.

Complaints are handled in the order in which they are received.

The enforcement officer usually calls a client back within 48 hours after receiving the complaint, depending on the volume of complaints received.

Be patient and courteous even if you are angry or upset. Accept that a solution may not always be found, especially if no laws have been broken.

The enforcement officer contacts the complainant for additional information and, if applicable, explains the law.

They will give practical, first-step advice and explain the courses of action available.

They will provide further advice if the consumer is unable to achieve a successful outcome. This could include assistance in writing a complaint letter.

The officer will mediate between the parties if the matter still cannot be resolved.

If mediation is not successful and the problem has not been resolved, the consumer is advised to seek legal advice.

If an enforcement officer has reasonable cause to believe an offence has been committed by an individual or company under the Consumer Protection Act 1999, the officer has the authority to make test purchases, enter premises and seize any relevant documents and products.

Consumer Affairs cannot do the following:

• Demand refunds, replacements or apologies from businesses on a consumers behalf.
• Pursue a complaint which is unjustified based on law.
• Give legal advice.
• Act as a legal representative on behalf of a consumer.
• Give specific information about any complaint filed against a trader.
• Complain to a trader on behalf of a consumer.

Consumer Affairs does not deal with water, food, controlled drugs as defined in the Misuse of Drugs Act 1972, tobacco or tobacco products, pharmaceutical or medicinal products available without a prescription.

Consumer Affairs is here to help you understand your rights and responsibilities before you buy products and services or get into a situation that requires our help.

Honey Adams is the education officer for the office of Consumer Affairs within the Ministry of Culture and Social Rehabilitation’s Department of Human Affairs. Visit www.ca.gov.bm.