NCA publishes Consumer Protection List
National Consumer Agency publishes details of traders against whom enforcement action has been taken
11 February 2010
The National Consumer Agency today published its Consumer Protection List detailing enforcement actions it has taken against traders who have failed to comply with consumer legislation.
The NCA has a wide range of enforcement powers it can deploy on behalf of consumers to ensure compliance by business with consumer legislation. In total 62 actions were taken by the agency in the six months from July to December 2009.
Ms Ann Fitzgerald, Chief Executive of the NCA, said: "We have been publishing the Consumer Protection List since 2008. The Consumer Protection List is first and foremost a consumer protection measure.
"It is also a reminder to business that failure to adhere to consumer legislation runs the risk of enforcement action by the Agency and subsequent adverse publicity.
"Consumers must be provided with accurate information regarding products and services and should not be exposed to unfair or misleading commercial practices," she said.
Section 86 of the Consumer Protection Act, 2007 requires the National Consumer Agency (NCA) to maintain a "Consumer Protection List" which contains trader names, addresses and details of the enforcement actions taken by the Agency. The Act grants discretionary powers to the NCA to publish the list as it considers appropriate.
Description of enforcement tools
Prosecutions
The Agency may prosecute for breaches of the Consumer Protection Act 2007 and enactments listed in Schedule 1.
On summary conviction a maximum fine of €3000 or six months imprisonment, or both, may be imposed. Stricter penalties apply in respect of repeat offences.
Undertakings
If the Agency has reason to believe that a trader is involved in a prohibited act or practice, the Agency may seek and obtain a formal written Undertaking that the trader will comply with the requirements of the Act.
This usually involves the trader giving a commitment to cease an offending practice and to compensate consumers who have been adversely affected. If the trader fails to provide an Undertaking or reneges on the terms, the Agency has the powers to take legal action, which could entail either, applying to the Circuit Court or High Court for a prohibition order or taking a prosecution.
Prohibition Orders
Under Section 71 of the Consumer Protection Act 2007 any person including the National Consumer Agency may apply either to the Circuit or High Courts for an order prohibiting a trader or person from committing or engaging in a prohibited commercial act or practice.
In making the Prohibition Order, the Court may impose terms and conditions, which it considers appropriate, including a requirement on the trader to publish corrective statements at his own expense.
Compliance Notices
An authorised officer of the Agency is empowered under the Act to issue a Compliance Notice to a trader (who in his/her opinion is committing/engaging in or has committed/ engaged in a prohibited act or practice), directing the trader to remedy the contravention.
The trader has 14 days to appeal the notice to the district court. If no appeal is made the notice is deemed to have come into effect.
Failure to comply with a compliance notice is an offence under the Act.
Fixed Payment Notices ("on the spot" fines)
The Agency has power under section 85 of the Act to issue Fixed Payment Notices to traders for breaches of price display legislation.
A fixed penalty of €300 applies for each notice issued and this must be paid within 28 days. If the trader fails to pay the penalty within the statutory time limit, the NCA can initiate prosecution proceedings.
Fixed Payment Notices were issued in cases where the Agency considered that traders were not in compliance with the price display legislation.
Learn more
Read details of the Consumer Protection List for 1 July 2009 to 31 December 2009
Download the list (MS Word, 63KB)