No exchange, no refund farce
Shoppers being denied rights in violation of consumer protection law
Published:Sunday | December 18, 2022 | 2:36 AMCorey Robinson - Senior Staff Reporter
It is akin to a bullying tactic, but the ‘No Exchange/No Refund’ signs posted in many retail stores across the island are useless in the face of the law, the Consumer Affairs Commission (CAC) has indicated.
Yet the signs can effectively deter some customers from returning defective goods; or worse, from securing pertinent documentation like receipts, in case they need to file complaints with the authorities. This nullifies, if not lengthens, the redress process.
As it is, however, there seems nothing in law to prevent store owners from erecting such misleading notices.
Instead, the onus is on consumers to avoid such stores – at least seven of them in the busy upper section of Orange Street in downtown Kingston alone, for example.
Some stores visited by The Sunday Gleaner, particularly those selling electronics, offered warranty and exchange of some items no later than seven days after purchase. But there was no refund on items.
According to Section 24(4) of the Consumer Protection Act (CPA), a consumer who has purchased an item which is not faulty, defective or in any way different from what they ordered or was sold, is not entitled to a refund from store owners.
This essentially bars an individual from requesting a refund simply because they no longer want the item.
“However, a ‘No Exchange/No Refund’ sign would be an improper notice if a consumer purchases goods which are defective, as the act supersedes that statement,” said the CAC, an agency of the Ministry of Industry, Investment and Commerce tasked with educating, empowering and getting redress for consumers.
“In that circumstance, a consumer is entitled to a repair, replacement or refund,” outlined the commission, which reported that it secured $31.7 million in compensation on behalf of aggrieved consumers for the period April to November 2022.
Matters should take 10 working days for resolution. However, that timeline hinges on the nature of the complaint, the timeliness of supporting information such as receipts, the time goods take to be tested by the Bureau of Standards Jamaica, and whether the matter is sent for litigation, the CAC outlined to The Sunday Gleaner.
MISLEADING CONSUMERS
The CAC did not say specifically, but attorneys explained that the term “improper” surrounds matters of theft, bribery, misrepresentation or inducement.
“This [‘No Exchange/No Refund’ sign] is an improper notice, which simply means that it is giving the consumer misleading information. It would deter someone who does not know their legal rights,” argued attorney-at-law Shauna-Gay Mitchell.
“It may be that the owners of the stores are hoping for customers not to make complaints. But a lot of the times when people go back there, they (owners) relent. It is almost as if they are trying to frustrate the customer so they don’t have to pay out,” Mitchell surmised.
“Getting redress is a civil matter, not a criminal matter. But if you decide to break out the store glass, it becomes a criminal matter, and the police will intervene,” she warned, with the understanding that people may be turned off by the tedious redress process.
Earlier this year, amateur footage emerged of a man throwing stones into the glass windows and glass case of a store in Cross Roads, St Andrew, reportedly angry that the operators refused to compensate him for what he claimed were defective goods he bought there.
ONE-TIME WEAR
As more shoppers flock to stores in the busy Christmas season, several are minded to ignore the ‘No Exchange/No Refund’ signs as they rush to take advantage of sale offers and bargains this time of year.
Last Thursday, Yvette Rochester purchased a skirt at one clothes store on Orange Street. Asked whether she was concerned about the ‘No Exchange/No Refund’ sign at the cashier, she responded with a smile: “I saw the skirt and I liked it. To be honest, I don’t even look at that sign ‘cause sometimes the clothes are a one-wear anyway.”
The CAC said it “generally encourages consumers to secure their documentation with respect to a sale, ask for a receipt, try to get a warranty and generally be aware of the terms of the sale”.
However, last week one electronic store owner was intolerant of being questioned about the ‘No Refund’ policy at his store. He scoffed at suggestions that he was doing something illegal, and directed this ‘customer’ out of the store.
Electronic equipment and appliances, including computers, were among the top complaints for this year, CAC Chief Executive Officer Dolsie Allen disclosed.
Part of her mandate is to conduct market surveillance, even as the CAC could not say whether the monitoring of the misleading signs was within their purview.