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Difference between revisions of "The Basics of Making a Purchase"
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The Basics of Making a Purchase (view source)
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==Consumers are protected against dishonest business practices== | ==Consumers are protected against dishonest business practices== | ||
In addition to other federal and provincial laws, BC’s Business Practices and Consumer Protection Act (the Act) protects consumers against misleading advertising and dishonest sellers. It prohibits two unfair practices: | In addition to other federal and provincial laws, BC’s ''Business Practices and Consumer Protection Act'' (the Act) protects consumers against misleading advertising and dishonest sellers. It prohibits two unfair practices: | ||
#deceptive acts and practices | #deceptive acts and practices | ||
#unconscionable acts and practices | #unconscionable acts and practices | ||
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You can use Small Claims Court if your claim is for less than the court limit of $25,000. If you win, the court may give you a judgment for “punitive damages” to punish the supplier, in addition to ordering compensation for your financial loss. But before starting a court action, try to resolve the problem first. You can do this yourself, through a lawyer, or perhaps with the help of the Better Business Bureau. | You can use Small Claims Court if your claim is for less than the court limit of $25,000. If you win, the court may give you a judgment for “punitive damages” to punish the supplier, in addition to ordering compensation for your financial loss. But before starting a court action, try to resolve the problem first. You can do this yourself, through a lawyer, or perhaps with the help of the Better Business Bureau. | ||
==The federal Competition Act also prohibits misleading price advertising== | ==The federal ''Competition Act'' also prohibits misleading price advertising== | ||
For example, “bait and switch” tactics are against the law. In general, if a business advertises a sale, it must stock sufficient items at the bargain price or give you a rain cheque, rather than use high-pressure sales tactics to get you to buy a different, more expensive item. Also, if there’s more than one price tag, the store must charge you the lowest price, unless the lower price has been crossed out or covered up. | For example, “bait and switch” tactics are against the law. In general, if a business advertises a sale, it must stock sufficient items at the bargain price or give you a rain cheque, rather than use high-pressure sales tactics to get you to buy a different, more expensive item. Also, if there’s more than one price tag, the store must charge you the lowest price, unless the lower price has been crossed out or covered up. | ||
==What about deceptive telemarketing?== | ==What about deceptive telemarketing?== | ||
Some companies use deceptive practices when trying to sell you something over the phone. They’ll call saying that you’ve won a prize, and all you have to do is pay for the shipping and handling fees or give your credit card number for verification purposes. Or they offer to sell you something that sounds like a really good deal, but you end up with a cheap plastic watch instead of the expensive watch you expected. This is deceptive telemarketing. Deceptive telemarketing is prohibited by | Some companies use deceptive practices when trying to sell you something over the phone. They’ll call saying that you’ve won a prize, and all you have to do is pay for the shipping and handling fees or give your credit card number for verification purposes. Or they offer to sell you something that sounds like a really good deal, but you end up with a cheap plastic watch instead of the expensive watch you expected. This is deceptive telemarketing. Deceptive telemarketing is prohibited by the ''Competition Act'' and is a criminal offence. | ||
Telemarketers must follow rules | ==Telemarketers must follow rules== | ||
BC’s ''Telemarketer Licensing Regulation'' applies to telemarketers operating in BC who contact consumers to buy something over the phone and to third-party fundraisers. This regulation helps protect consumers by licensing and regulating telemarketers, and imposing penalties for violations of the regulation. For example, a licensed telemarketer may only contact you weekdays between 9:00 a.m. and 9:30 p.m. and weekends between 10:00 a.m. and 6:00 p.m., and they can’t communicate with you on a statutory holiday. | |||
==How should you deal with telemarketers?== | ==How should you deal with telemarketers?== | ||
If you get an unsolicited phone call to buy something, don’t give out information about your bank or credit card, and don’t be afraid to hang up the phone. Note that telemarketers who phone you offering prizes or products for sale must tell you who they work for. To reduce the number of unsolicited calls, contact the National Do Not Call List registry at [http://www.lnnte-dncl.gc.ca www.lnnte-dncl.gc.ca]. Consumer Protection BC may also be able to help if you have a problem. | |||
==Canada’s new anti-spam law starts July 1, 2014== | ==Canada’s new anti-spam law starts July 1, 2014== | ||
Starting July 1, 2014, Canada has a new anti-spam law to protect people and businesses from spam (junk email and text messages) and online threats (spyware, malware, phishing scams, etc.) originating in Canada. It’s called the Electronic Commerce Protection Act. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. Some sections of the law take effect later: January 15, 2015 for the sections on installing computer programs and July 1, 2017 for the sections on suing for losses. | Starting July 1, 2014, Canada has a new anti-spam law to protect people and businesses from spam (junk email and text messages) and online threats (spyware, malware, phishing scams, etc.) originating in Canada. It’s called the ''Electronic Commerce Protection Act''. Unfortunately, the law cannot control businesses and people outside Canada, and they produce huge amounts of spam and online threats. Some sections of the law take effect later: January 15, 2015 for the sections on installing computer programs and July 1, 2017 for the sections on suing for losses. | ||
Consent is | '''Consent is required'''—a key section of the new law requires senders of commercial emails and text messages to have the consent of the person they’re sending the message to. The law also prohibits installation of computer programs and collection of electronic addresses without consent, as well as false and misleading representations. | ||
Consent requirement is phased | '''Consent requirement is phased in'''—the law has two types of consent: '''express''' and '''implied'''. There is implied consent for 36 months after the law starts—if there is already a relationship between the sender and recipient of a commercial message. But the recipient can cancel this implied consent any time. During these 36 months, senders of commercial messages can ask recipients for express consent so they can continue sending commercial messages to those recipients after the 36 months. | ||
Senders must identify themselves and let recipients unsubscribe—in addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages. | Senders must identify themselves and let recipients unsubscribe—in addition to getting consent from recipients, senders of commercial messages must identify themselves and include an unsubscribe option in the message so recipients can stop receiving messages. | ||
