CONSUM!i'R PROTECTION

THE CONSUMER PROTECTION ACTARRANGEMENT OF SECflONS
I. Short title.

PART L Interpretation
2. Interpretation.
3. Application.
4. Criteria for organizations purporting to provide services forprotection of consumers.
PART II. l!.stah/ishmenl and Funcliuns ofthe Commission
5. Establishment of Consumer Affairs Commission.
6. Functions of Commission.

PART lll. Administration
7. Complaints made to the Commission.
8. Discretion not to conduct investigation.
9. Power to investigate not precluded.
10. Summoning persons to give evidence.
II. Obligations of persons summoned.
12. Paper, book, record or document as evidence.
l3. Funds and resources of the Commission.
14. Keeping of accounts and records.
15. Annnal reports and estimates.
16. Exemption from income tax.
17. Minister to make orders.

PART IV. Duties ofProviders and Consumers
18. Information to consumer.
19. Measurement of goods.
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CONSUMER PROTECTION

2

20. Receipt to be given to consumer.
21. Warranties.
22. Damage resulting from use of service or goods.
23. Damaged goods sold to consumer.
24. Return of defective goods.
25. Return of electrical goods.
26. Approved and non-approved services.
27. Businesses offering repair services.
PART V. Misleading and Deceptive Conduct, False
Representations and Unfair Practices

28. Misleading or deceptive conduct.
29. Misleading public as to the nature, etc, of goods or services.
30. false or misleading representation.
3 I. Non-delivery of goods or services on contracted date.

32. Advertising.

33. Advertised delivery date.
34. Conditions of demanding and accepting payment etc.
35. Conrt may order payment of damages or costs.
PART VI. Unfair Contracts

36. Breach of duty or obligation.
37. Excluding or restricting liability by contract.
38. Reliance upon contractual provisions where breach.
39. lndenmity subject to reasonableness.
40. Loss or damage from defective goods or negligence of manufacturer.
~I.

Effect of Sale of Goods and Hire Purchase Acts.

U. Satisfying reasonableness where contract terminated.
+3. Reasonableness.
++. Alternative dtspute resolution.

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CONSUMER PROTEC110N

PART VII. Miscellaneous
45. Goods or services acquired by instalment
46. Apportionment of payments where service not received.
47. Purporting to act on Bill of Sale.
48. Registration of providers.
49. Minister may amend monetary penalties.
50. Regulations.
5 L Vesting of property.
SCHEDULES.

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5

CONSUMER PROTECTION

THE CONSUMER PROTECTION ACT

Acts
9 of 2005,
IS of2006
s. 38.

[I st June, 2005.]

1. This Act may be cited as the Consumer Protection Act.
PART I.

2.-( 1)

Short title.

Interpretation

In this Act unless the context otherwise requires-"acquire" in relation to(a) goods, includes obtaining by way of gift, purchase,or exchange, the taking on lease, hire or hire
purchase; and(b) services, includes accepting the provision of thoseservices;"advertisement" means any form of communication madeto the public or a section of the public for the purposeof promoting goods or services and "advertise" shallbe construed accordingly;"business" includes a professional practice or any other
undertaking that is carried on for gain or reward or in
the course of which goods or services are supplied
otherwise than for free of charge;"consumer" in relation to(a) any goods, means-(i) any person who acquires or wishes to acquire
goods for his own private use or consumption;and(ii) a commercial undertaking that purchases
consumer goods;(The inclusion of this page is authorized by L.N. 11/2010 1

Interpretation.

6

CONSUMER PROTECTION(b) any services or facilities, means any person who
employs or wishes to be provided with the services
or facilities; and(c) any accommodation, means any person who
wishes to occupy the accommodation;"document" includes, in addition to a document inwriting(a) any map, plan, graph or drawing;(b) any photograph;(c) any disc, tape, sound track or other data (not being
visual images) which are embodied so as to becapable (with or without the aid of some otherequipment) of being reproduced therefrom; or(d) any film (including microfilm), negative, tape orother device in which one or more visual images
are embodied so as to be capable (with or without
the aid of some other equipment) of being reproduced therefrom;"goods" includes all kinds of property other than real
property, securities, money or choses in action;"hire purchase agreement" means an agreement for thebailment of goods under which the bailee may buy thegoods, or under which the property in the goods willor may pass to the bailee;"negligence" means the breach(a) of any obligation, arising from the express or
implied terms of a contract, to take reasonable care
to exercise reasonable skill in the performance ofthe contract;(b) of any common law duty to take reasonable care or
exercise reasonable skill in the performance of acontract; or[The inclusion of this page is authorized by L.N. 1112010 I

CONSUMER PROTECTION

7(c) of the common duty of care imposed by the
Occupiers' Liability Act; and"provider" in relation to(a) any goods, means any person who sells goods;(b) any services or facilities, means any person who
provides services or facilities.

(2) In this Act a reference to(a) the acquisition of goods includes a reference to theacquisition of property in, or rights in relation to,goods, in pursuance of a supply of the goods;(b) the supply or acquisition of goods or services includes
a reference to an agreement to supply or acquire goods
or services;(c) the supply or acquisition of services includes areference to the supply or acquisition of goods together
with other property or services; and(rl) the supply or acquisition of services includes areference to the supply or acquisition of services
together with property or other services or both.

3.-(1) Subject to subsection (2), this Act shall apply to all Application .
persons involved in trade or business whether through thepurchasing or vending of goods or services.
(2) The Minister may by order, subject to affinnative
resolution, exempt categories of trade or business from theapplication of this Act.

4. Any organization purporting to provide services for theprotection of consumers shall be a non-profit organization the
purpose of which is to( a) promote and protect consumer rights;(The inclusion of this page is authorized by L.N. 1112010 I

Criteria fororganizations purpo11ing toprovide services forprotectionof constuners .

CONSUMER PROTECTION

8(b) represent the collective interests of consumers before
judicial or administrative bodies;(c) represent consumers' interests to government andpersons engaged in the business of producing,supplying or distributing goods or providing services;and(d) collect, process and disseminate objective information
for the benefit of consumers.
PART II.

Establishment and Functions of the Commission

Establishmentof Consumer
Affairs Commission.

5.-( 1) There shall be established for the purposes of this Act
a body to be called the Consumer Affairs Commission(hereinafter in this Act referred to as the Commission), whichshall be a body corporate to which the provisions of section 28
of the Interpretation Act shall apply.

First Schedule.

(2) The provisions of the First Schedule shall have effectas to the constitution of the Commission and otherwise mrelation thereto.

Functions ofCommission.

6.-{ I) Subject to subsection (3), the Commission shall( a) carry out, at the request of a consumer who has been

I 5/2006
S.38.

adversely affected, such investigations in relation to thesale of goods or the provision of services as will enable
it to determine whether the goods were sold or theservices were provided in contravention of this Act orPart IV of the Electronic Transactions Act andthereafter to make such report and recommendations
in connection therewith as it thinks fit to the Minister;(b) carry out, on its own initiative, such other investigations in relation to the availability of goods of any
class or description as it thinks fit and make such reportand recommendations as it thinks fit to the Minister;(c) promote the development of organizations formed forthe protection of the consumer and ensure that they
fulfill the criteria listed in section 4;(The inclusion of this page is authorized by L.N. 11!20t0 J

CONSUMER PROTECTION

9(d) collect, compile and analyze information in relation to
any trade or business;(e) provide information to consumers on their rights as
consumers and any other form of consumer education;(f) implement education programmes for the benefit ofconsumers, suppliers and service providers;(g) seek to resolve disagreements between consumers andproviders; and(h) carry out such other functions as the Minister may
assign to the Commission from time to time.
(2) Subject to the provisions of this Act, the Commission
may, for the purpose of exercising or discharging any of its
functions under this Act, do anything and enter into anytransaction which, in the opinion of the Commission, isnecessary to ensure the proper exercise or discharge of its
functions.
(3) The Commission shall investigate, in the manner
provided in sections 7 to 12, any action alleged to have beentaken by a provider to the disadvantage of the complainant.
PART III. Administration
7.-(1) A complaint to the Commission may be made by ar.y Complaints
made toperson or body of persons, whether incorporated or not, who the Comclaims to have suffered a disadvantage in relation to the mission.
acquisition of goods or services.
(2) Where the complainant(a) is a minor, the complaint may be made by his parent or
guardian; or(b) is unable to act for himself by reason of infirmity or
any other cause or has died, the complaint may bemade by a member of his family or his personal
representative.
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10(3) Every complaint to the Commission may be madeorally or in writing.
(4) The Commission may, upon the request of a complainant as specified in subsection (2), represtnt thatcomplainant in the event that litigation is contemplated.
(5) Where litigation is contemplated by the complainant
in relation to a complaint that was not in writing, theCommission shall obtain from the complainant a written versionof the complaint signed by the complainant.
Discretion not
to conduct
investigation.

8.-(1) The Commission may, in its absolute discretion,
determine whether to undertake or continue an investigation
under this Act and in particular, but without prejudice to thegenerality of the foregoing, may refuse to undertake or continue
any investigation if it is of the opinion that(a) the subject matter of the complaint is trivial;(b) the complaint is frivolous or vexatious or not made ingood faith;(c) the complainant has delayed for too long the making of

his complaint;(d) the complainant does not have a sufficient interest in
the subject matter of the complaint;(e) the subject matter of the complaint should more
appropriately be dealt with by another body or anotherforum; or(j)having regard to all the circumstances of the case(i) further investigation is not necessary; or(ii) no investigation is possible or necessary.
(2) Where the Commission decides not to undertake orcontinue the investigation of a complaint, it shall, in writing,inform the complainant of that decision and give reasons
therefor.
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CONSUMER PROTECTION

11to
9.-(1) The Commission shall not be precluded from Powerinvestigate
conducting an investigation in respect of any matter by reason not
only that it is open to the complainant to apply to the court for precluded.
redress under any other enactment.

(2) If any question arises as to whether the Commission
has jurisdiction to investigate any case or class of case under thisAct, the Commission or any provider whose actions are underinvestigation may apply to the Supreme Court for a declaration
determining that question.
(3) The fact that an action is commenced in any court inconnection with a matter under investigation by the Commission
shall not, unless the court otherwise directs, preclude suchinvestigation.
Swnmoning
10.-(1) The Commission shall have power to summon any persons

person to attend before the Commission in relation to an to giveinvestigation being conducted by it and to give evidence or to evidence.
produce any document which is(a) in the possession or under the control of such person;
and(b) relevant to the matter under investigation.
(2) A summons under this section-

Second(a) shall be in the form prescribed in the Second Schedule; Schedule.
and(b) may be served by a district constable, bailiff or an
officer of the Commission so authorized.
11.-(l) All persons summoned to attend and give evidence ofOblig•tion•
personsor to produce a document before the Commission shall besununonod.
(a) entitled, in respect of such evidence or the disclosure of
any communication or the production of any such
document, to the same right or privilege as before acourt oflaw; and!The inclusion of this page Is authorized by L.N. 180A/1006J

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CONSUMER PROTECTION(b) entitled to be paid their expenses, including travelling
expenses, at the rates prescribed by the Witnesses'
Expenses Act for witnesses who are entitled to havetheir expenses paid from public funds:
Provided that the Commission may, if it thinks fit, disallow
the whole or any part of such expenses in any case.
(2) Any person who(a) without sufficient cause, fails or refuses to attend
before the Commission in obedience to a summons
under this Act, or fails or refuses to produce any
document which he was required by such summons to
produce;(b) being a witness, leaves the Commission without thepermission of the Commission;(c) being a witness, refuses, without sufficient cause, toanswer any question put to him by or with thepermission of the Commission; or(d) wilfully obstructs or interrupts the proceedings of theCommission,commits an offence and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or in default of payment thereof to
imprisonment for a term not exceeding two years.
Paper, book,record or

document asevidence.

Funds andresources of
the Com~
mission.

12. In all legal proceedings any paper, book, record or
document produced to the Commission pursuant to section 10
shall be received as prima facie evidence of the truth of thestatements contained therein.
13. The funds and resources of the Commission shall consistof(a) such moneys as may from time to time be placed at its
disposition for the purposes of this Act by Parliament;!The Inclusion or thli pace It aulborbt!l by L.N. 180A/Z006)

CONSUMER PROTECTION

13(b) all other moneys and other property which may in any
manner become payable to, or vested in the Commission in respect of any matter incidental to its
functions.
Keeping of14.-(1) The Commission shall keep proper accounts and accounts
other records in relation to its business and shall prepore and records.
annually a statement of accounts in a form satisfactory to th,,Minister, being a form which shall conform with establishedaccounting principles.

(2) The accounts of the Commission shall be audited
annually by an auditor or auditors appointed annually by theCommission and approved by the Minister.
(3) The Auditor-General shall be entitled at all reasonable times to examine the accounts and other records in relation
to the business of the Commission.
15.-(1) The Commission shall, in each year(a) on or before the 31st day of July, submit to the
Minister a report of its activities during the twelve
months ending on the 31st day of March in that year,
including a statement of its accounts audited inaccordance with the provisions of section 14;

Annualreports andestimates.

(b) on or before the 30th day of September, submit to the

Minister for his approval its estimates of revenue andexpenditure for the financial year next following.
(2) The Minister shall cause copies of reports submitted
pursuant to subsection (l)(a) together with the annual statementof accounts and auditor's report thereon to be laid on the Tablesof the House of Representatives and of the Senate and annual
statements of such accounts and auditor's report shall be
published in the Gazette.
16. The income of the Commission shall be exempt from Exemption
fromincome tax.
income tax.
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Minister tomake:orders.

CONSUMER PROTECTION
17.-(1) Subject to the provisions of subsection (2), theMinister may, by order(a) regulate the distribution, purchase or sale of goods or

any class or description of goods;(b) provide for the recall of certain goods and services

which are dangerous or hazardous to safety and therefund or remission by the provider of the purchaseprice paid;

G(c) provide for the furnishing by persons carrying on or
employed in connection with any trade or business of
information concerning all or any of the elements ofthe contents of goods, or the cost or the sale price ofgoods or any class or description of goods bought orsold whether by wholesale or retail in such trade orbusiness; or(d) require the provision and maintenance, at places atwhich goods are offered for sale by retail, of means
whereby persons wishing to purchase any of those
goods may ascertain the weight or measurement
thereof(2) Without prejudice to the generality of subsection (I)(d), the Minister may, by order, require-(a) that the prices of those goods shall be marked on the
goods or on any container in or from which they aresold; and(b) that persons shall not be obstructed in any attempt toascertain at the place at which they wish to purchaseany of those goods, the weight or measurement thereof.
(3) Nothing in subsection (1) or (2) shall be deemed toauthorize the Minister to make any order under that subsection
regulating the exportation, distribution, purchase, sale or price ofany goods the exportation, distribution, purchase, sale or price(as the case may be) of which is, or may be, regulated under orby virtue of the provisions of any Act.
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15PART IV. Duties ofProviders and Consumers(!

Information
18.--(1) At any time before payment is made for any goods toconsumer(whether sold as new or used) a provider shall, in addition to therequirements of any other enactment relating to the packaging,labelling or description of goods, provide to the consumer,
verbally or in writing in the English language, all information
concerning the goods being sold.
(2) The information referred to in subsection (1) is(a) where applicable, the origin, price in the currency ofJamaica, care, terms, components, proper use, weight,
size, instructions for assembly and installation of thegoods; and(b) where chargeable, the professional fees of the provider
in respect of the goods.
(3) Where a provider refuses or fails to comply withsubsection ( 1) he shall, notwithstanding anything to the contraryin the warranty document, be responsible for any damage doneto the goods by the consumer that can be directly attributed tothe consumer's lack of information.
(4) A provider who contravenes subsection (1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding two hundred
thousand dollars.
19.-(1) A consumer shall at all times be entitled to check the Measure·ment ofweight, volume or other measurement of any goods that he may goods.
be purchasing where the weight, volume or other measurementof the good materially affects or determines the price thereof.
(2) For the purposes of subsection (1), any provider ofany good that is sold by reference to its weight, volume or othermeasurement shall provide appropriate measurement standardsin accordance with the Weights and Measures Act for use by the
consumer at the time of purchase.
(3) A provider commits an offence if in selling or
purporting to sell any goods by weight or other measurement orby number, he delivers or causes to be delivered to theconsumer, a lesser quantity than that purported to be supplied orthat corresponds with the price charged.
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CONSUMJ;'R PROTECTION(4) A provider who contravenes this section commits anoffence and is liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand
dollars.
Receipt to begiven toconsumer.

20.-(1) Where a consumer purchases goods or services froma provider, the provider shall give to the consumer a receipt
showing(a) the amount paid by the consumer;0(b) the date on which the purchase is made;(c) a description of the goods or services sold;(d) where applicable, the professional fee charged; and(e) such other information as may be prescribed.

(2) At any time subsequent to the purchase, the receipt
issued by the provider shall be adequate proof of the purchase of
the goods or services and may be used for the purposes of refund
in any of the circumstances specified in this Act.
(3) A provider who contravenes subsection (l) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding fifty thousand
dollars or to imprisonment for a term of thirty days or to bothsuch fine and imprisonment.
Warranties.

21.-(1) Subject to the standard provisions of warranties, aprovider shall issue explicit warranties in relation to his goods orservices, as the case may he, whether the goods are new or used,
and whether the service offered is the repair of any appliance,
furniture, equipment or other good.
(2) Any warranty given by the manufacturer (whether
local or foreign) and attached to any goods or services sold orprovided, as the case may be, in Jamaica shall be deemed toextend to the provider in Jamaica who shall be liable to theconsumer in relation to such warranty.
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CONSUMER PROTECTION

17(3) Where a provider is liable only for the free replacement of parts under a warranty agreement, the provider shall not
require the consumer to use the services of the provider in
effecting the repairs to the equipment.
(4) Implied warranties in the absence of explicit
warranties shaH apply to the sale of all used goods and to therepair of all goods.
(5) Where the service provided is the repair or replacement of a defective good, there shaH be an implied warranty thatthe repair or any replacement of the good shaH be carried out
within a reasonable time, and the implied warranties applicableto the contract for sale of goods shaH apply in relation to
repaired or replacement goods.
(6) In the absence of an explicit warranty which shaH beat the discretion of the provider, an implied warranty of six
months on parts and labour shall, subject to the standard
conditions of warranties, attach to the transaction.
Damage22.-(1) Subsection (2) applies in any case where a pro- resulting
viderfrom use ofservice or(a) undertakes to provide a consumer with a good or goods.
service upon payment of a fee therefor;(b) provides the declared benefit attached to the service or

use of the good; and(c) inadvertently causes bodily injury or pecuniary loss tobe sustained by the consumer, independent of all othercauses or contributory negligence.
(2) The provider shall, upon presentation by the
consumer of a complaint, accompanied by a document from theCommission substantiating that, in its opinion, and after
consultation with the provider, the complaint is valid and weJI
founded(The Inclusion of this page Is authorized by L.N. 180A/2006]

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CONSUMER PROTECTION(a) undertake to pay the consumer all reasonable costs
incurred or to be incurred by the consumer incorrecting the damage so caused; and(b) initiate payment of compensation within such period,
not exceeding seven days after the complaint isreceived at the registered, regional or local offices ofthe provider,provided that where a provider is unable to initiate such payment
within the period of seven days aforementioned, he may apply to
the Commission seeking leave to extend the period within which
the payment may be made.

((3) A provider shall not be relieved ofliability i7(a) the consumer fails to avail himself of some other goodor service that may be recommended by the provider ofthe primary good or service as a supplementary orcomplementary good or service; or(b) he has provided complementary goods or services
which fail to function well or cause damage or otherloss.
(4) A provider who contravenes subsection (2) or (3)commits an offence and is liable on summary conviction before
a Resident Magistrate to a fine not exceeding five hundred
thousand dollars.
Damagedgoods !!old toconsumer.

23.-( 1) Where(a) any good sold to a consumer fails to provide to theconsumer the benefit and uninterrupted enjoyment for
which it was intended; and(b) the failure is determined by the Commission, after
consultation with the provider, not to be due toapparent negligence or abuse by the consumer within
the comprehensive warranty period,
then the relevant provider shall be responsible for its replacement or repair at no cost to the consumer.
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CONSUMER PROTECTION

19(2) The provider shall, in the event of repair of the goodreferred to in subsection (1 }(a) return the good to the consumer in a fully repaired andfunctional state within such period, after receipt of thegood for replacement or repair, as the Commission,
after consultation with the provider, considers to beappropriate.

(b) if the good is not returned to the consumer within the
period determined by the Commission, provide theconsumer with a temporary substitute of comparativevalue for the consumer's uninterrupted use andenjoyment until such time as the consumer's good isreplaced or repaired and returned.
(3) A provider who contravenes subsection (2) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding two hundred
thousand dollars.
of24.-( 1) Subject to subsections (3) and (4), where a R!!turndefc~;.tive
consumer is encouraged to acquire goods by the provider's goods,
declaration and description of the goods and the consumer
subsequently discovers that those goods are defective or
different in a material particular from those declared or
described, the consumer may return the goods to the provider.

(2) The provider shall immediately offer to theconsumer, in exchange for the returned goods, monetarycompensation to the value of the goods or such other amount as
may be agreed between the consumer and provider.
(3) Refunds on goods returned to a provider pursuant tosubsection ( 1) shall only be made where the goods are returnedto the provider(a) in the condition in which they were purchased; or\The Inclusion of this page is authorized by L.N. 180A/20061

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CONSUMJ..'R PR01H'710N(b) with minimal damage resulting from reasonable
exposure in the normal course of the consumer's use of
the goods prior to discovery of the material difference
between the goods received and the goods that theconsumer requested;(c) where there is a dispute as to the condition of the goods

the Commission may, upon request, examine the goods
with a view to making a determination as to thecondition of the goods.

('~(4) A consumer who acquires a good that in every way
is similar or identical to the one requested or described anddeclared by the provider shall not be entitled to a refund if,
having left the place from which the provider sold the good, theconsumer for any reason decides that he no longer wants it.
(5) A provider who contravenes subsection (2) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding five hundred
thousand dollars.
Return ofeleCtrical
goods.

25.-(1) Subsection (2) shall apply in any case where(a) a consumer purchases any electrical good, believing it
to be fully functional and operational; and(b) upon attempting to use it, the consumer discovers that
it is faulty or non-functional.
(2) The consumer shall, upon returning the good to theprovider, be entitled to(a) an exchange of the faulty good for a new functional
similar good free of cost; or(b) a refund of the amount paid for the good if the provider
is unable to establish that the good was damaged as adirect result ofthe consumer's actions.
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CONSUA1ERPROTECTION

21

26.-( I) A provider shall only provide such services as are Approved
and non·approved by the consumer and shall not require a consumer to approved
sign an open ended commitment to pay for services which, in services.
addition to those contracted, may, in the provider's opinion, be
necessary or appropriate.
(2) A provider who offers a repair service shall-(a) disclose to the consumer any and all additional related
repairs that he deems necessary for the consumer toenjoy reasonably long and uninterrupted use of therepaired good; and(b) obtain a written indemnity from the consumer if theconsumer chooses not to require the provider to effectthe recommended repairs.
(3) A provider who contravenes this section commits anoffence and is liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand
dollars.
27.-( 1) Businesses which offer repair services to consumers Businesses
offering
shall keep records statingrepair
services.

(a) the name, address and telephone number of the consumer;(b) a reasonably accurate description of the good to be
repaired, including any identification number or mark;(c) the replacement value of the good in its present state asagreed with the consumer;(d) an estimate of the labour and other costs to be paid by
the consumer in respect of the repairs to be effected;(e) the date on which the good was received for repair; and(/) the date on which the good will be ready for delivery,!The Inclusion of this page is authorized by L.N. 180A/:Z006J

22('ONSUMLR l'RIJJFCT/ON

and a copy of such information shall be given to the consumer
before the repairs are commenced.
(2) A business which contravenes subsection (1)commits an offence and is liable on summary convictio•• before
a Resident Magistrate to a fine not exceeding five h~ndred
thousand dollars.
PART V. Misleading and Deceptive Conduct, False

0

Representations and Unfair Practices
Mish:ading or
deceptive
conduct.

28.-( 1) No person shall, in the course of trade or business,engage in conduct that is misleading or deceptive or is likely to
mislead or deceive.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding one million dollars
or imprisonment for a term not exceeding one year or to bothsuch fine and imprisonment

Misleading
public as tothe nature,etc., of goods
or services.

29.-(l) No person shall, in the course of trade or business,engage in conduct that is likely to mislead the public as to thenature, manufacturing process, characteristics, suitability for a
purpose or quantity of goods or services, as the case may be.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding one million dollars
or imprisonment for a term not exceeding one year or to bothsuch fine and imprisonment.

False ormi11-lea.dlng

representation.

30.-(1) No person shall, in the course of trade or business,in connection with the supply or possible supply of goods orservices or with the promotion by any means of the supply or
use of goods or services-(a) falsely represent that!The inclusion of this page b authorlud by L.N. ISOA/!0061

C)CONSUA1ERPROTECTION(i) the goods or services are of a particular kind,standard, quality, grade, quantity, composition, style, or model, or have had a particular
history or particular previous use;(ii) services are of a particular kind, standard,quality, or quantity, or that they are suppliedby any particular person or by any person of aparticular trade or business, qualification, or
skill;(iii) a particular person has agreed to acquire
goods or services;(iv) goods are new, reconditioned, or that they
were manufactured, produced, processed, orreconditioned at a particular time;(v) goods or services have any sponsorship,
approval, endorsement, performance characteristics, accessories, uses or benefits; or(vi) a person has any sponsorship, approval,
endorsement, or affiliation;(b) make a false or misleading representation(i) with respect to the price of any goods orservices;(ii) concerning the need for any goods orservices;(iii) concerning the existence, exclusion, or effectof a condition, warranty, guarantee, right orremedy; or(iv) concerning the place of origin of goods.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction to a fine notexceeding one million dollars or imprisonment for a term notexceeding one year or to both such fine and imprisonment.
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23

24
Non-deliveryof goods orservices oncontracted
date.

CONSUMER PROTECTION

31.-( 1) Where it can be proven that a provider-(a) has contracted to provide goods or services;(b) pursuant to that contract, has received a deposit in cashor kind; and(c) on the contracted delivery date, has failed without
reasonable cause to deliver such goods or services ordemonstrate that such goods or services are in areasonably advanced state of production,cthat provider shall be deemed to have acted in a fraudulent
manner and is liable to be prosecuted in relation thereto.
(2) A provider who is convicted of an offence undersubsection (1) is liable to a fine not exceeding two million
dollars or imprisonment for a term not exceeding two years or toboth such fine and imprisonment.
Advertising.

32.--(1) No person shall in the course of trade or business,advertise for supply at a specified price, goods or services
which(a) he does not intend to offer for supply; or(b) he does not have reasonable grounds for believing canbe supplied by him at that price for a period that is, andin quantities that are, reasonable having regard to thenature of the market in which he carries on businessand the nature of the advertisement.
(2) Any person who has advertised goods or services for
supply at a specified price shall offer such goods or services for
supply at that price for a period that is, and in quantities that are,reasonable having regard to the nature of the market in which hecarries on business and the nature of the advertisement.
(3) Any person who contravenes subsection ( 1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding one hundred(Tbe Inclusion of this page Is authorized by L.N. tROA/20061('-

CONSUMER PROTFC710N

25

thousand dollars or imprisonment for a term not exceeding thirtydays.
33.-( 1) An advertised delivery date for new, used or Ad\'ertiseddelivery
repaired goods shall form part of the contractual agreement date.
between the provider and the consumer.
(2) Where a provider fails without reasonable cause tomeet the advertised delivery date the provider shall refund to theconsumer all moneys paid, plus interest on any amount notrefunded, as respects the period beginning with the date ofdeposit of the amount and ending on the date of its refund, at anannual rate ten percentage points above the Treasury Bill rateapplicable at the former date.
(3) Any provider who has advertised a completion ordelivery date, and has obtained from the consumer a deposit incash or kind or both, against the provision of the goods orservice, may elect to terminate the contract within seven days
after the receipt of the deposit and in such case, shall refund thefull value of the deposit.

34.-(1) No person shall demand or accept payment or other Conditions
ofdetnand~consideration for goods or services, if at the time of the demand ingand
acceptingor acceptance, that personpayment.
(a) does not intend to supply the goods or services;(b) intends to supply goods or services which are materially different from the goods or services in respect ofwhich the payment or other consideration is demandedor accepted; or(c) does not have reasonable grounds to believe that the
goods or services will be supplied within any specified
period, or if no period is specified, within a reasonabletime.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction before a(The lnclullon of this page Is authorized by L.N. 180A/20061

etc.

26

CONSUMER PROTECTION

Resident Magistrate to a fine not exceeding two million dollars
or imprisonment for a term not exceeding two years or to bothsuch fine and imprisonment
Court mayorder paymentof damages orcosts.

35. Upon the conviction of a provider of an offence the Court
may order that provider-(a) to make to the consumer, restitution of any deposit
made by the consumer;(b) to pay to the consumer a sum representing the costs
incurred by that consumer as a result of the offence;and(c) to pay to the Commission such sum as represents thecosts incurred in relation to the prosecution of theoffence.

PART VI. Unfair Contracts
Breach of duty

or oblig:ation.

Excluding or
restricting
liability bycontract.

36. In relation to any breach of duty or obligation, it isimmaterial for any purpose of this Part whether the breach was
inadvertent or intentional, or whether liability for it arises
directly or vicariously.

37.-(1) A person shall not by reference to-(a) any term of a contract;(b) a notice given to persons generally; or(c) particular persons,exclude or restrict his liability for death or personal injury
resulting from negligence.
(2) In the case of other loss or damage, a person shallnot so exclude or restrict his liability for negligence except in so
far as the term or notice satisfies the requirement of reasonableness as provided for in section 43.
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0

CONSUMER PROTECTION)

27(3) Where a term of a contract or notice purports to
exclude or restrict liability for negligence, other than in cases
resulting in death or personal injury, the fact that a person agrees
with it or is aware of it is not of itself to be taken as indicating
his voluntary acceptance of any risk, however the term or notice
shall have effect where the Commission determines that it
satisfies the requirement of reasonableness as provided for in
section 43.
38. No party to a contract shall-

Reliance
upon

contractual(a) when he is in breach of contract, exclude or restrict his provisions
where
liability in respect of the breach; orbreach.

(b) claim to be entitled to render(i) a contractual performance substantiallydifferent from that which was reasonably
expected of him; or(ii) any performance in respect of the whole or
any part of his contractual obligation,
except in so far as the contract term satisfies the requirement of
reasonableness.
Indemnity
39. A consumer shall not by reference to any term of a subject
tocontract be made to indemnify another person (whether a party
to the contract or not) in respect of liability that may be incurred ableness.
by the other person for negligence or breach of contract, except
in so far as the term of the contract satisfies the requirement of
reasonableness.
reason~or
40.-(1) In the case of goods of a type ordinarily supplied for Lossdamag~
from defecprivate use or consumption, where loss or damage-tive goods(a) arises from the goods proving defective while in or negli-

consumer use; andgence l>f
manufacturer.

(b) results from the negligence of a person concerned in

the manufacture or distribution of the goods,
IThe Inclusion of thb page Is aLJtborlud by L.N. JSOA/2006)

CONWIMER PROTH'110N

28

liability for the loss or damage shall not be excluded or
restricted by reference to any contract term or notice containedin or operating by reference to a guarantee of the goods except
in so far as the Commission determines that the term ,,r noticesatisfies the requirement of reasonableness as provided for in
section 43.
(2)

For the purposes of this section-(a) goods are to be regarded as "in consumer use" when aperson is using them, or is in possession of them foruse, otherwise than exclusively for the purposes of abusiness; and(b) anything in writing is a guarantee if it contains or
purports to contain some promise or assurance (however worded or presented) that defects will be madegood by complete or partial replacement, or by repair,monetary compensation or otherwise.
Effect of SaleofGoodsand

Hire PurchaseActs.

41. Liability for breach of the obligations arising from thefollowing sections of the Sale of Goods and Hire Purchase Acts
shall not be excluded or restricted by reference to any contractterm(a) sections 13 and 15 of the Sale of Goods Act, inparticular-

1(i) an implied condition on the part of the provider that in the case of a sale he has a right tosell the goods, and that in the case of anagreement to sell he will have a right to sell
the goods at the time when the property is topass;(ii) an implied warranty that the consumer shallhave and enjoy quiet possession of the goods;(iii) an implied warranty that the goods shall befree from any charge or incumbrance in favour
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CONSUkfE~PROTECTJON

29

of any third party, not declared or known tothe consumer before or at the time when thecontract is made; and(iv) implied conditions as to quality or fitness; and(b) sections 9 and 11 of the Hire Purchase Act, inparticular(i) implied conditions and warranties; and(ii) further implied conditions in special cases.
SatisfYing
42.-(1) Where, for the purpose of reliance upon it, a con- reasonabletract term has to satisfy the requirement of reasonableness, it ness wherecontract
may be found to do so and be given effect accordingly terminated.
notwithstanding that the contract has been terminated either by
breach or by a party electing to treat it as repudiated.

(2) Where on a breach the contract is neverthelessaffirmed by a party entitled to treat it as repudiated, such
affirmation does not of itself exclude the requirement of
reasonableness in relation to any term of a contract.
Reasonable~
43.-(1) For the purposes of this Part and section 46 the ness.
requirement of reasonableness in relation to a contract term, isthat the term is a fair and reasonable one to be included having
regard to the circumstances which were, or ought reasonably tohave been, known to or in the contemplation of the parties when
the contract was made.

(2) The requirement of reasonableness in this Act inrelation to a notice (not being a notice having contractual effect),is that the notice should be fair and reasonable to allow relianceon it, having regard to all the circumstances obtaining when theliability arose or (but for the notice) would have arisen.
(3) It is for those claiming that a contract term or noticesatisfies the requirement of reasonableness to show that it does.
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30
Alternative
disputeresolution.

CONSUMER PROTECTION
44. The parties may attempt to settle their disagreements
through mediation by the Commission before taking the matterto court.

PARr VII. Miscellaneous
Goods orservicesacquired byinstalment.

45.-(1) This section applies to any case where a provider
contracts to provide a consumer with a good or service over an
extended period of time, and that provider contracts to receive
periodic payments from the consumer for the good or service.

L(2) The provider, as the case may be, shall(a) be required to present an accurate claim for the exact
amount of, or the exact percentage of, the total value ofthe good or service actually received to date by the
consumer; and(b) upon presentation of such accurate claim, be entitled tovoid the contract if payment in full is not made within areasonable time after the presentation of the claim, orby a pre-determined payment date which forms part ofthe contract.
(3) In the event that the provider is unable to present an
accurate claim as mentioned in subsection (2), the provider, as
the case may be, may act in accordance with subsection (4).
(4) The provider may(a) present the consumer with an estimated claim; and(b) if the estimated claim is reasonably accurate, requestthat the consumer pays the estimated amount on theconditions specified in subsection (5).
(5) The conditions referred to in subsection (4) are that(a) where the amount estimated is greater than the accurate
claim, the amount paid by the consumer will becredited to the amount owing at the next time that an
accurate claim is presented; and(The Inclusion of this page Is authorized by L.N, tHOA/2006)(

CONSUMER PROTECTION

31(b) the provider shall under no circumstances, be able tovoid the contract or impose any penalty thereincontained in the event of breach by the consumer,
solely on the ground that the estimated amount has notbeen paid by the consumer, either in full or in part.
(6) Any provider who presents an estimated claim forany good or service shall be required to present an accurate
claim no later than ninety days after presentation of the estimate.
(7) Subsection (6) shall apply notwithstanding that theconsumer of the good or service does not pay the estimatedamount claimed or pays it in full or in part.
46.-(1) Where a service is to be provided to a consumer-

Apportion~

ment of(a) the provider is deemed to be providing the consumer payments
wherewith a benefit under the relevant contract; and(b) the provisions of subsection (2) shall apply where a fee
is collected from the consumer for that service.

(2) The provider shall(a) be liable to(i) make a full refund to the consumer; and(ii) further compensate the consumer for all
expenses reasonably incurred by the consumer
as a result of contracting the provider toprovide the benefit,
if for reasons not attributable to the consumer, the benefit is notreceived by the consumer; or(b) where the benefit is received only in part\)(i) refund a proportionate part of the feescollected; or(ii) subject to subsection (3), be entitled to receivea similar proportionate part of the fees if not
yet paid.
(The inclusion of this page Is authorized by L.N. t80AI1006j

service notreceived.

32

CONSUMER PROTEC110N(3) Subsection (2) shall not apply in any case where theconsumer contracts to pay the provider the prescribed fee
regardless of whether the consumer receives the benefit.
(4) The provider who offers a service to the consumer
shall(a) be required to stipulate the extent of the benefit thatshall be deemed to be attached to the service; and0.

(b) provide the consumer with an appropriate warranty
that(i) the benefit shall be enjoyed for a reasonable
time, subject to the fulfilment of such conditions attached by the provider as may bereasonable to the consumer's enjoyment ofthat benefit; and(ii) in the absence of the enjoyment of the benefit,
the provider shall again provide the service
free of cost to the consumer, however the
performance of the warranty is subject to theCommission's determination as to the provision of or absence of the benefit.
(5) A provider who contravenes subsection (2) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding five hundred
thousand dollars and in default of payment to imprisonment fora term not exceeding six months.
Pwporting to47.-(1) A provider commits an offence if, in the event of
act on a Bill ofdefault in repayment of a loan he acts on the powers contained
Sale.
in a Bill of Sale of chattels pledged by a consumer or heemploys any person other than a Bailiff to recover any or all of
the chattels pledged in the Bill of Sale to the provider.
(The lntluslon of this page Is authorlzed by L.N. tSOAI%006)

0CONSUMER PROTECTION(2) A provider who commits an offence under subsection(1) shall, upon summary conviction before a Resident
Magistrate be liable to a fine not exceeding one million dollars
and in default of payment to imprisonment for a term notexceeding one year.

\(3) The court may order a provider convicted of an
offence to compensate the consumer for all expenses reasonably
incurred as a result of the breach and the legal action.

(4) A provider commits an offence if, in taking action torecover any or all of the chattels pledged by the consumer in theBill of Sale to the provider in the event of default in repaymentof a loan, the provider carries out an act of seizure although theconsumer's indebtedness to the provider has already beendischarged or is currently being serviced in accordance withexisting contractual provisions.

(5) A provider who commits an offence under subsection(4) shall, upon summary conviction before a Resident
Magistrate, be liable to a fine not exceeding one million dollars
and in default of payment to imprisonment for a term notexceeding one year.
(6) The court may order a provider convicted of an
offence under subsection (4) to pay to the consumer an amountequal to two times the market value of the chattels seized plus anamount of ten thousand dollars per day for every day that theconsumer has been deprived of the use and enjoyment of thosechattels.

(7) Any person who(a) not being a Bailiff, purports to be a Bailiff; or(b) being a Bailiff,
wrongfully seizes the chattels of a consumer shall, notwithstanding any other charge that may be brought against him, beguilty of an offence under this Act.
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33

CONSUMER PROTECTION(8) A person who commits an offence under subsection(6) shall, upon summary conviction before a Resident
Magistrate be liable to a fine not exceeding one million dollars
and in default of payment to imprisonment for a term notexceeding one year.
(9) The Court may order a person convicted of an
offence under subsection (8) to pay to the consumer an amountequal to two times the market value of the chattels seized plus anamount of ten thousand dollars per day for every day that theconsumer has been deprived of the use and enjoyment of thosechattels.
(10) Any Bailiff or person purporting to be a Bailiff

who(a) threatens to seize the chattels of a consumer under the
powers contained in a Bill of Sale although theconsumer's indebtedness to the provider has alreadybeen discharged; or(b) recklessly damages the chattels of a consumer while
exercising distraint,
shall be guilty of an offence and shall, upon summary conviction
before a Resident Magistrate, be liable to a fine not exceeding
one million dollars and in default of payment to imprisonment
for a term not exceeding one year.
Registration ofproviders.

48.-(1) Subject to subsection (3), all providers acting
individually or collectively, and offering goods or services to
consumers for purchase, shall be appropriately registered ascompanies, partnerships, co-operatives, sole proprietorships orinformal commercial operators.

(2) The instruments of registration and licence whereapplicable, or any official number or identification mark issued
by the relevant authorities shall be conspicuously displayed by
the provider for viewing by the consumer.
(The inclusion or this page Is authorized by L.N. 180A/Z006)

CCONSUMER PROTECTION

35(3) A provider who fails to comply with the provisions of
this section commits an offence, and shall upon summaryconviction before a Resident Magistrate, be liable(a) in the case of an offence under subsection ( 1), to afine not exceeding one hundred thousand dollars or
imprisonment for a term not exceeding three months;
and(b) in the case of an offence under subsection (2) to afine not exceeding fifty thousand dollars or imprisonment for a term not exceeding thirty days.
Minister
49. The Minister may, by order, subject to affirmative may
amend
resolution, amend the monetary penalties specified in this Act.
monetary
penalties.

50. The Minister may make regulations, subject to affirmative Regulations.
resolution, for the purposes of giving effect to the provisions of
this Act.
Vesting of
51. All real and personal property belonging to the Prices property.
Commission, including all moneys standing to the credit of or
receivable by that Commission shall, on a day to be appointed
by the Minister by order published in the Gazette, without any
conveyance, assignment or other transfer, belong to and be
vested in the Consumer Affairs Commission.

JThe Inclusion of this page is authorized by L.N. IBOA/2006!

36

CONSUME'R PROTEC110NFIRST SCHEDULE(Section 4)

Constitution.

1. The Commission shall consist of such number of members, not being
less than seven nor more than fifteen, as the Minister may from time to timedetennine.

Appointmentof members.

2.-(1) The members of the Commission shall be appointed by the
Minister by instrument in writing and, subject to the provisions of thisSchedule, shall hold office for a period not exceeding three years, and shallbe eligible for reappointment.

c(2) The Minister shall appoint one of the members of the Commission to be the chairman and another to be deputy chairman thereof.
Actingmembers.

3. If the chainnan or any other member of the Commissio:t is absent or
unable to act, the Minister may appoint any person to act temporarily in theplace of the chairman or such member.

Resignations.

4.--(1) Any member of the Commission, other than the chairman, may at
any time resign his office by instrument in writing addressed to the Ministerand transmitted through the chairman, and from the date of the receipt by the
Minister of such instrument, such member shall cease to be a member of theCommission.
(2) The chairman may at any time resign his office by instrument inwriting addressed to the Minister and such resignation shall take effect asfrom the date of the receipt by the Minister of such instrument.

Revocation.

5. The Minister may at any time revoke the appointment of any memberof the Commission.

Gazettingnames of

6. The names of all members of the Commission as first constituted andevery change in the membership thereof, shall be published in the Gazette.

members.
Pmcedure formeetings.

7.-(1) The Commission shall meet at such times as may be necessary or
expedient for the transaction of business, and such meetings shall be held atsuch places and times and on such days as the Commission may detennine.

(2) The chairman, or in his absence the deputy chairman, shall presideat meetings of the Commission, and in the absence of both the chairman andthe deputy chairman from any meeting, the members present at that meetingshall elect one of their number to preside thereat.
(3) The quorum of the Commission shall be five, including the chairman or other member presiding at the meeting.
(The Inclusion of this paa:e Is authorized by L.N. tBOA/1006)(

37

CONSUMER PROTECTION(4) The decisions of the Connnission shall be by a majority of votes
and, in any case in which the voting is eqna~ the chairman or other member
presiding at the meeting shall have a casting vote in addition to an originalvote.
(5) Minutes in proper form of each meeting shall be kept by thesecretary and shall be confirmed by the chainnan or other member presiding
as soon as practicable thereafter at a subsequent meeting.
(6) The a~ of the Commission shall be authenticated by thesignature of the chairman or the secretary of the Commission.
(7) Subject to the provisions of this paragraph the Commission shallhave power to regulate its own proceedings.
(8) The validity of any proceedings of the Commission shall not beaffected by any vacancy amongst the members thereof or by any defect in theappointment of a member thereof.
8.-(1) The Commission may appoint and employ at such remunerationand on such terms and conditions as it thinks fit a secretary and such otherofficers, servants and agents as it thinks necessary for the proper performanceof its functions:

Officers andservants.

Provided that no appointment to a post carrying a salary in excess of theprescribed rate shall be made without the prior approval of the Minister.
(2) The prescribed rate means five hundred thousand dollars or suchhigher rate as may be approved by order of the Minister.
(3) The Governor-General may, subject to such conditions as he may
impose, approve of the appointment of any public officer in the service of
Jamaica to any office with the Connnission and any public officer so
appointed shall, in relation to pension, gratuity or other allowance, and toother rights as a public officer, be treated as continuing in the service of theGovernment.
9. -( 1) The seal of the Commission shall be kept in the custody of the Seal ofchairman or the secretary and shall be affixed to instruments pursuant to a the Com~mission.
resolution of the Commission in the presence of the chairman, or any othermember of the Commission, and the secretary.
(2) The seal of the Commission shall be authenticated by thesignatures of the chairman, or any other member authorized to act in thatbehalf, and the secretary.
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38

CONSUMER PROTECTION(3) All documents other than those required by law to be under seal,
made by, and all decisions of the Commission may be signified under theband of the chairman, or any other member authorized to act in that behalf, or
the secretary.

Protection ofmembers.

10.-(1) No member of the Commission shall be personally liable forany act or default of the Commission done or omitted to be done in good faith
in the course of the operations of the Commission.
(2) Where any member of the Commission is exempt from liability
by reason only of the provisions of sub-paragraph (I) the Commission shallbe liable to the extent that it would be if such member were a servant or agentof the Commission.

Disclosure ofinterest.

11. A member of the Commission who is in any way interested in acompany or undertaking which is in any proceedings before the Commission
shall disclose to the Commission the fact and nature of his interest and shallnot take part in any deliberation or any decision of the Commission
relating to such matter, and such a disclosure shall forthwith be recorded in
the records of the Commission.

Remuneration

12. There shall be paid to the members of the Commission, such
remuneration, if any, whether by way of honorarium, salary or fees, and suchallowances as the Minister may determine.

of members.

Office ofchairman not a
public office.

Expenses of
theCom-missi<m.

(

13. The office of chairman or member of the Commission shall not
be a public office for the purposes of Chapter V of the Constitution of
Jamaica.

14. The expenses of the Commission, including the remuneration of themembers and staff thereof, shall be defrayed out of the funds of the Commission.

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CONSUMf_'R PROTECTIONSECOND SCHEDULE

39(Section 9)

Summons to Witness
To: (name of person summoned and his calling and address, if known)c

You are hereby summoned to appear before the Consumer Affairs
Commission at (place) upon the
day ofato' clockand to give evidence respecting (state the matter). (If the person summoned isto produced any documents, add):
And you are required to bring with you (specifY the papers, book,·, records
and documents required).
IF YOU FAIL TO APPEAR in response to this Summons, a warrant foryour arrest may be issued.
Given under the hand of (Chairman or other member of the Commission)
this
day of
20

c[The inclusion of this page 19 authorized by LN. IS0A!l006f