Need effective law for consumer rights protection

THE EDITOR, Madam:

On September 19, The Gleaner story ‘Court orders ATL Automotive to pay over $1m to customer for selling faulty vehicle’, reported that the Supreme Court of Jamaica had ruled against ATL Automotive Limited (ATL Autobahn Limited), finding, among other things, that a 2014 Volkswagen Jetta that it had sold to the claimant as brand new was not of merchantable quality.

Undoubtedly, the decision is important for consumer rights protection in Jamaica, since anyone can find themselves in the rather unfortunate, and unnecessary, battle in which Mr Samuels found himself. Still, amid it all, I cannot help but think that organisations such as the Consumer Affairs Commission (CAC), which is charged with “promoting and protecting consumer interests”, and the Consumers Intervention of Jamaica (CIJ) should be doing more to advance the cause of consumer protection, particularly in the context of disputes between large corporations and considerably less powerful Jamaican consumers.

Capacity-building for the CAC, the CIJ (and similar organisations) in the areas of legal and policy-oriented research, strategic litigation, technical expertise, and general advocacy really ought to be prioritised as a matter of urgency.

I wonder, among other things, whether these organisations are actually in a position to ably assist consumers in understanding, for example, how not just the Consumer Protection Act but other relevant legislation, like the Sale of Goods Act, and even common law precedents (as influenced by relevant jurisprudential developments in the common law world) can apply in varied disputes?

And what of this prevailing notion that car dealerships must be given multiple opportunities, throughout the warranty period, to address defects – regardless of their nature or severity and ultimate impact on the merchantable quality, safety, and usability of the motor vehicle – that have manifested with motor vehicles that they have represented and sold to consumers as brand new, even though the relevant consumer protection laws say nothing about them deserving or having some right to multiple repair attempts? Are the relevant consumer rights protection organisations equipped to help consumers understand, having regard to local and extra-jurisdictional precedents clarifying the application of the CPA, Sale of Goods Act and other relevant legislation? When, or in what circumstances, would the right to have a faulty motor vehicle replaced or receiving a refund as a consequence of having been sold a defective vehicle, as is provided for by the CPA, apply?

I am anticipating further development of the law in the area of consumer rights protection, which is urgently needed, and which will no doubt have been spurred on by the Supreme Court decision of Jason Samuels v ATL Automotive Limited.

AMANDA QUEST