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Administrative Studies
ADMS 3960
Leigh Lampert

PART 1 SOME NOTES ON CONSUMER PROTECTION LEGISLATIONNOTEAny areas set out in this summary but not explained should be learned from the textThese are Collection Agencies and Granting Credit and Credit ReportingThe Sale of Goods Act does not deal with the sale of consumer goods goods used for private use which are now protected by consumer protection legislationGenerally such legislation is found in provincial Consumer Protection Statutes and the federal Competition Act 1Strengthens the rights of consumers when it comes to matters of quality and fitness for purpose2Provides warranties relating to the durability of consumer goods 3Makes all representations whether oral written or otherwise meant to induce a consumer into a transaction into express warranties given by the seller to the buyer4Provides recourse and penalties for false or misleading advertisingsee your text for the 5 main categories of protection given by consumer protection legislationOne area of consumer protection law that is dealt with by Provincial Consumer Protection Acts and that is very important has to do with what is called Itinerant Sales or sales that are made when a salesman or sales representative of a company comes to your house trying to sell you somethingSuch itinerant sellers usually try to pressureforce the home owner in to entering into a contract for the purchase of the goods being soldIn the past once the contract was entered into the homeowner was stuck with the contractHowever new consumer protection legislation now provides what is called a cooling off period that is an amount of time after the homeowner has entered into a contract made with an itinerant seller to change his or her mind and cancel the contractThe amount of time varies or is different in each province but so long as within the amount of time provided by the provincial legislation the homeowner gives written notice to the companybusiness with which he or she has entered into the contract that he or she wants to cancel the contract the contract is at an end and any money paid is to be returned to the homeowner and the homeowner has to return any goods left with him or herAnother area has to do with what are called Unfair Business PracticesOne such practice has to do with car repairsToday in Ontario consumer protection legislation provides that when a person takes his or her car in for repairs and gets an estimate for the repairs the final cost of the repairs cannot exceed the estimate by more than 10 of the original estimate A second unfair business practice deals with Collection Agencies and prohibits such agencies from harassing pressuring or threatening a debtor in any way including trying to get payment from a member of the debtors family A third practice has to do with granting credit and credit reportingMany unfair business practices are also considered to be False Misleading or deceptive Representations which are found in section 14 of the ActFor any unfair business practice the consumer has the right to rescind the contract andor sue for damagesHowever the consumer must give notice to the retailer of rescission or a damages claim within 1 year from the date of Copyright Robert Levine
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