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Fixed Penalties

Fixed penalties are set fines applied to specific consumer protection offenses. They allow for quick and efficient enforcement without the need for lengthy court proceedings. This approach helps ensure timely accountability and supports a fair marketplace.

The penalties under the Consumer Protection Act, 2023 range from $750 to $2,000, depending on the nature and magnitude of the offense, and are designed to promote compliance with the laws governing fair business practices in the Federation.

Offence

Section

Fixed Penalty

Duties of Suppliers

Part VII

  • 83 – Product Labelling and trade descriptions
  • 85 – Disclosure of use, re-conditioned, re-built or re-made goods
  • 87 – Expiry date, etc. to appear outside packaged food products
  • 88 – Prohibition respecting selling expired goods
  • 90 - Information to consumer
  • 91 – Disclosure of price of goods or services
  • 92 – Warranties
  • 97 – Over-selling and over-booking
  • 99 – Sales record
  • 105 – Return of defective goods
  • 108 – Return of electrical goods
  • 109 – Suppliers offering repair services
  • 110 - Promotion of goods or services

$750 applied to All sections EXCEPT Section 87 which is $1,000

Unfair Trade Practices

Part VIII

  • 117 – False, misleading or deceptive representation
  • 118 – Restrictive Trade
  • 119 – Unfair method, deceptive practice or misleading public
  • 122 – Unconscionable conduct
  • 125 – Dual Pricing

$1,500 applied to all sections EXCEPT Section 125 which is $750

 

Consumer Safety

Part IX

  • 133 - General consumer safety requirement
  • 136 – Contravention of consumer safety requirement
  • 138 – Imposition of permanent ban

$2,000 applied to all sections

“no refund” signs

Part XIII

  • 171 – “no refund” signs

 

 

$750