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Overview of the Consumer Protection Act, 2007

15. Prosecutions

Prosecutions in respect of breaches of the Act can be taken within two years from the time the offence has occurred. On summary conviction a fine not exceeding €3,000 or imprisonment for 6 months or both may be imposed.

16. Compliance Notices

An Authorised Officer may issue a compliance notice to a trader who is deemed to have committed a 'prohibited practice' (Price display offences are not subject to compliance notices). The trader has the right to appeal the notice to the District Court within 14 days.

17. Undertakings

If the NCA has reason to believe that a trader is involved in a prohibited act or practice, the Agency may seek and obtain a written undertaking that the trader will comply with the requirements of the Act.

If the trader reneges on the undertaking and resumes the prohibited act or practice, the NCA may apply to the Circuit Court for a Prohibition Order.

18. Prohibition Orders

Section 71 enables the NCA apply to the Circuit Court or the High Court for an order prohibiting a trader from committing or engaging in a prohibited act or practice.

19. Fixed Payment Notices

The Act provides for the issue of fixed payment notices (on the spot fines) in respect of contraventions of price display legislation. This is a new sanction and may be used as an alternative to prosecution.

The fixed payment is for €300 and must be paid within 28 days. Failure to pay will result in prosecution. More than one fixed payment notice may be issued to a trader.


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