‘Most businesses already using consumer protection principals’

The law, which comes into effect today, offers legal protection for consumers for the first time.

Trading Standards – which is part of the Committee for Home Affairs – took a phased approach to the law’s introduction, initially speaking to business groups and trade bodies in advance, using their responses to produce guidance on complying with the law.

‘We realised there were definitely some areas where people were asking more questions,’ said Mr Gonard.

‘So obviously, if the guidance wasn’t clear enough, that’s where we focused on.’

Among the businesses that raised concerns were landlords.

‘The landlords were concerned that suddenly we were going to impose a lot of requirements on them.

‘But actually those requirements probably were already there because it was good contractual arrangements, if they wanted a lease that was going to stand on its own two legs.’

Phase two was informing consumers. That included sending leaflets to homes to let islanders know about the new law and their rights.

‘I think if you asked most people about these, they probably would say “I thought that was already the case,”,’ said Mr Gonard.

Although existing legislation protected consumers who wanted to cancel an online purchase of goods, there was no such law in the island.

Mr Gonard said that most businesses acted as if there was a law locally, but when problems arose Trading Standards officials sometimes received calls for assistance and advice.

These numbered an average of 20 per month. They were often referred by Citizens’ Advice.

But the leaflet drop sparked a spike in consumers’ calls to Trading Standards – from about 20 a month to 20 a day.

‘We have had some situations where some traders, builders in particular, have not been providing a very good service and not providing very good building work, for example.

‘The issue we had until now was that we couldn’t take action against that trader, and the consumer was left to take the trader to Petty Debts Court.’

The new law will mean consumers do not need to take action themselves or go to Trading Standards in the first instance. They now have the right to reject goods or services if they are unhappy.

‘This is something that’s really powerful for the consumer.

‘For them to be able to get this by simply being aware of their rights and saying to the trader “I’m entitled to this because that’s what the law says”.’

Companies breaking the law risk receiving enforcement notices or civil notices and could ultimately face civil action or criminal prosecution.

‘Civil enforcement is very flexible whereby we can get a trader to agree to do something without us taking further action.

‘So that means they also don’t get fined and all they have to do is rectify what they’re doing wrong.’