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REMEDIES FOR CONSUMER PROTECTION

REMEDIES FOR CONSUMER PROTECTION. BY LBY LIYA BY LIYA LIYA. BY LIYA B. TEMBO Director -Legal & Enforcement CCPC Presented at the 2013 African Dialogue Conference Held at The Zambezi Sun Hotel, Livingstone, Zambia. PRESENTATION OUTLINE. Basic principles Remedies under the Act

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REMEDIES FOR CONSUMER PROTECTION

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  1. REMEDIES FOR CONSUMER PROTECTION BY LBY LIYA BY LIYA LIYA BY LIYA B. TEMBO Director -Legal & Enforcement CCPC Presented at the 2013 African Dialogue Conference Held at The Zambezi Sun Hotel, Livingstone, Zambia Competition and Consumer Protection Commission

  2. PRESENTATION OUTLINE • Basic principles • Remedies under the Act • Guidelines on setting fines Competition & Consumer Protection Commission

  3. BASIC PRINCIPLES • Remedies must: • be fair, suitable and proportionate • Where possible, restore the complainant ot the position they would have been in if the breach had not occurred • Timely, consistent & reasonable Competition & Consumer Protection Commission

  4. BASIC PRINCIPLES • Remedies can be both financial & non financial • Important thing is that criteria for deciding the applicable remedy should be clear • Parties to a case should be made to understand about what remedies apply in a given case • Authorities must explain how they reached their decision-entails keeping a clear record of the decision and reasons for it Competition & Consumer Protection Commission

  5. REMEDIES UNDER CCPA • The Competition and Consumer Protection Act, No. 24 of 2010 provides for various remedies for violation of consumer protection provisions • criminal penalties are provided for certain cases e.g. • SUPPLY OF GOODS TO A CONSUMER THAT ARE DEFECTIVE, UNSUITABLE OR THAT DO NOT CONFORM TO THE MANDATORY SAFETY STANDARD Competition & Consumer Protection Commission

  6. REMEDIES UNDER CCPA • The remaining provisions on unfair trade practices provide for monetary penalties of up to 10% of annual turnover of offender • These include misleading conduct; misrepresentation; failure to provide agreed services as per expectation or within agreed time; product labeling; unfair contract terms & display of disclaimers Competition & Consumer Protection Commission

  7. GUIDELINES ON SETTING FINES Competition & Consumer Protection Commission

  8. GUIDELINES ON SETTING FINES Competition & Consumer Protection Commission

  9. THANK YOU FOR YOUR ATTENTION FOR FURTHER INFORMATION CONTACT: The Executive Director Competition & Consumer Protection Commission 4th Floor, Main Post Office, Cairo Road P O Box 34919, Lusaka, Zambia. Tel: +260-211-222775/236770 Fax: +260-211-222789 Email: zcomp@ccpc.org.zm Website: www.ccpc.org.zm

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