IMPACT OF CONSUMER PROTECTION AGENCIES IN NIGERIA: A STUDY OF CPC, CAFON AND CEON
BY
AMZAT SHERIFFDEEN ADEWALE
MATRIC NO: 06076963
A PROJECT SUBMITTED IN PARTIAL FUFILLMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR OF ARTS IN THE DEPARTMENT OF MASS COMMUNICATION, FACULTY OF MANAGEMENT AND SOCIAL SCIENCES, OLABISI ONABANJO UNIVERSITY, AGO-IWOYE, OGUN STATE.
MARCH, 2012
CHAPTER ONE
1.0 BACKGROUND TO THE STUDY
Consumer protection is defined as the efforts of the government and private organizations to ensure that the consumers are not exploited by the producers. Through consumer protection, the government ensures that the consumers derive maximum satisfaction from the goods and services available in the market.
All of us are
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1.1 DEFINITION OF PROBLEMS
As a result of heavy profiteering by commercial organizations at the expense of the uninformed consuming public, governmental and independent consumer protection agencies, organizations and forums are being formed to address the apparent negligence of consumer rights, protection and customer care in service delivery.
The enforcement of consumer rights is a serious problem in Nigeria. Consumers are often reluctant to enforce their rights for a variety of reasons: ignorance of their rights, poverty, and the judiciary's rigid adherence to strict legal rules that make it very difficult for consumers to prevail.
When a consumer alleges that the defects in a particular product are the result of negligence, for example, the consumer must prove the acts or omissions in the production process that constitute negligence. The issue is complicated by the defense of "foolproof system of production," which has become rather popular with manufacturers. The practice adopted by manufacturers is to demonstrate an impeccable system of production with a view to convincing the court that such a system is incapable of admitting any defect as alleged by the consumer. Decided cases show judicial inclination to accept such "foolproof system" as a defense. (See, e.g. Boardman v Guinness (Nig.) Ltd. (1980)
Multiple consumer protection agencies or independent bodies can assist consumers to resolve their complaints and provide advice about consumer related matters. Two of which are NSW Fair Trading and the Australian Competition and Consumer Commission (ACCC).
The large number of handlers in the process of manufacturing and packaging a product typically makes it difficult to prove when and how the manufacturer was negligent.
The most efficient way for consumers to get what they want is through the ‘market’, not the government, but businesses have more power than their customers. Some businesses can and will use abuse this power and cheat and steal from consumers to make money. Because of this, the government regulates the behaviour of businesses to have a market economy that functions properly. These laws mainly protect consumers against; misleading/deceptive representations, unconscionable conduct, unfair contracts, and unsafe goods and/or services. To protect consumers, different legal and non-legal approaches have been taken.
Creating an adequate monitoring system not only protects the best interest of an organization but the consumer also. Furthermore, without these structured protections for the business and consumers, unethical behavior tends to flourish throughout an organization in several different forms. In the case of the Better Business Bureau, it appears that the proper protections were not in place to protect consumers or the organization should have updated its mission statement to account for the many consumer changes since the use of the internet globalized businesses. Furthermore, the leaders of BBB should have worked harder to ensure that employees and companies were punished for allowing his or her unethical behavior to tarnish the organization’s image.
Consumer protection laws are federal and state statues governing sales and credit practices involving consumer goods. Consumer Product Safety Commission, Unfair or Deceptive Trade Practices, Truth in Lending Act, Fair Debt Collection Practices Act, Warranties and Consumer Remedies are laws that were establish to give the consumer a fair shake at buying or borrowing money. Goods that were purchase or service for personal use were presumed fair that buyers and sellers would bargained for equal positions. The consumer protection is a law that has to contribute to safety, protecting the health of consumers and the economic interest of consumers. Local trade practices consider unfair or deceptive may fall with Federal Trade Commission laws and regulations and have an effect on interstate commerce. Federal and state laws governing sales, credit financing and reporting, product quality, leases, sales practices, debt collection and other aspects of consumer transactions may be regulated as deceptive trade practices. Consumers are protected by several types of agencies and statues that are enforced by state and federal laws. Today many of consumer protection issues are involve with the
The National Consumers League was formed in response to these conditions and advocated that it was “the duty of consumers to find out under what conditions the articles which they purchase are produced, and to insist that these conditions shall be at least decent and consistent with a respectable existence on the part of the
Dr.Seuss wrote “The Grinch Who Stole Christmas” to challenge the commercialization of Christmas. Business all over the world were interested in commercializing Christmas at the time of which Seuss wrote this poem. A Christian holiday that has existed for thousands of years had been turned around by society into a money making scheme. Businesses commercialize Christmas with the use of propaganda such as posters, bill boards and now commercials.
The Federal Trade Commission (FTC) was created in 1914 primarily as a way for the government to “trust bust” or apply regulations ensuring a free marketplace for U.S. consumers and business enterprises. In this regard, the FTC enforces antitrust viola- tions that could hamper consumer interests, as well as federal consumer protection laws against fraud, deception, and unfair business practices. The commission’s primary enforcement mechanism is the Bureau of Consumer Protection, which is divided into seven divisions: (1) enforcement, (2) advertising practices, (3) financial practices, (4) marketing practices, (5) planning and information, (6) consumer and business educa- tion programs, and (7) privacy and identity protection.21 As the federal
In both developed and underdeveloped economies, there is a need to put regulations which ensure that profits are not abnormally earned at the expense of the innocent clients. It is therefore the mandate of the territorial authorities to put in place measures that introduce checks and balances in all trades. The respective companies or business must also follow the same suit lest they find themselves in the crossroads of law. However,
A consumer defined in the Fair Trading Act 1987 (NSW) is ‘any person who acquires goods and services from a supplier’. The Industrial Revolution resulted in most goods being mass produced; often with little or no contact between manufacturer and consumer. This meant that the law moved from the laissez-faire approach (leaving things to take their own course) to consumer affairs and notion of caveat emptor (Latin for Let buyer beware). Due to the never ending failure of laissez-failure approach, a number of legal and non-legal measures were introduced which had different levels of effectiveness in achieving justice for consumers. Government regulation such as Trade Practises Act which includes Advertising and Marketing regulation, Fair
Perhaps the greatest insight provided by my colleague's discussion is the deconstruction of the process by which the concept of negligence did ultimately emerge as a new tort standard. Here, the discussion illustrates the challenge before a judicial body when a legal conflict appears to bring about a new and previously unforeseen point of contention. In this case, as my colleague highlights so effectively, the charge of fraud would be the only theretofore existent way of legally addressing liability for a business or organization such as the defendant in this case. The great insight provided by my colleague is in acknowledgement of the exhaustive review of existing legal documents engaged by the ruling parties and arguing parties. This process demonstrates well that even where no precedent existing for what would become the charge of negligence,
Okeke,2014. Pressure groups and policy process in Nigeria: a case of fourth republic. Nigeria: Vincent Onyekwelu Su
Protection is something that keeps a person or group of people safe from harm. A Government provides protection to help keep people in a country safe and secure from potential threats outside the country. For example, if a country did not have a government then anyone from outside the country could
THE DEPARTMENT OF MASS COMMUNICATION FACULTY OF SOCIAL SCIENCES. CARITAS UNIVERSITY, AMORJI – NIKE ENUGU STATE.
Summary: The paper titled “The value of face-to-face: Search and contracting problems in Nigerian trade” provides micro-empirical evidence of significant trade costs or costs of transactions over a distance within country associated with imperfect contract enforcement and inability to observe the frontier verities of products available in the source country or destination. Conventional gravity models of trade attempts to capture the costs associated with information friction by introducing proxies such as shared language or quality of legal institutions, however firm level effects of such information friction are largely absent in those models. To entangle the effects of informational frictions, the author identifies the two sources of