Overview of the Consumer Protection Act, 2007
20. Consumer Protection List & Power to Publish
Section 86 of the Consumer Protection Act requires the NCA to maintain a 'Consumer Protection List'. Details of any enforcement actions must be recorded in this register. The NCA is also empowered to publish details of this list in any manner it considers appropriate. These are new measures.
Under section 74, a consumer who has been materially affected by the actions of a trader, may apply to the District, Circuit or High Court for damages including exemplary damages.
Under section 81, the NCA may with the consent of the consumer, apply to the court for a compensation order, requiring a trader convicted of an offence to pay compensation in respect of any loss or damage to the consumer resulting from that offence.
The compensation order may be instead of, or in addition to any fine or penalty which the court may impose.
The Act provides for NCA approving and endorsing voluntary codes of practice.
Section 90 empowers the NCA to prepare, issue guidelines to traders. Guidelines issued and published by the NCA may be admissible in evidence in court. Failure on the part of any trader to observe the guidelines would not render the trader liable to any proceedings.
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