Dennie Quill, Contributor
IT APPEARS that there are many people out there seeking redress from automobile dealers, judging from the pile of emails which came to my inbox after last week's article. The complaints ranged from odometer fraud to price-gouging and many other ills in between. Unable to get relief from dealers many are now going through the courts in a bid to get fair remedy.
Then this week we also heard from the Consumer Affairs Commission, an agency of the Government, that automobile woes topped the list of complaints made by consumers last year. The commission is mandated to protect the interest of consumers and act as an intermediary between buyers and sellers, and reports annually on its successes in solving grievances. With all its history I was a little taken aback when I called the commission and the officer did not even know about the existence of Lemon laws. He couldn't do much to help my situation however; he gave me a sympathetic ear.
More needs to be done to ensure an honest, safe and informed marketplace. Our local consumer advocacy group has been asleep for years, although every now and then a member of the executive is aroused long enough to stand on a podium and collect some award. What good is a consumer protection agency if it does not provide protection and information to consumers? Suppose you wanted to hire an auto mechanic or a plumber, who would you turn to? A neighbour? The Yellow Pages? The Small Business Association? There is no agency in Jamaica where you can get reliable information about businesses. Who will tell you whether complaints had been filed against a plumber? You are virtually on your own.
I submit that the time has come for us to agitate for consumer protection laws that allow a customer to return shoddy goods, including motor vehicles, for a refund of the purchase money, making allowance for wear and tear. It is only through activism that action will be guaranteed.
CONSUMER POWER
I witnessed consumer power in action many years ago on a visit to New York. I bought a shirt from Macy's but the following day buyer's remorse set in and I sorely regretted the purchase. My friend said to me "You don't like it? This is America, we simply return it and collect your money." When we returned to the store the next day I was walking several paces behind her, preparing for a tongue lashing from the store management. On presentation of the receipt the shirt was taken back and my money refunded without a word passing between us. It was that simple. In Jamaica when goods are returned the consumer is usually given a credit note not cash.
Yes, in America some people have exploited consumer power and taken advantage of the merchants. I have heard horror stories of persons wearing garments and returning them with impunity. That is wrong.
All over America Lemon Laws exist. Lemons so named because of the sour taste left it in the buyer's mouth comes in all shapes and sizes. These laws establish a standard for when vehicles should be repurchased or replaced by the manufacturer. And although they usually apply to new motor vehicles they are also relevant for the purchase of used vehicles, as well as other goods.
An average 100,000 cars are replaced or refunds made to aggrieved consumers in the United States each year due to the vigilance of their consumer laws.
BROAD-BASED LEGISLATION
The Consumer Protection Act 2004 is designed to increase consumer protection and is being hailed as a broad-based piece of legislation which will enable the commission to haul offenders before the courts. I don't believe many automobile dealers have heard about the law, and if they are aware probably don't fear its sting. I feel there needs to be a Lemon Law specifically for the protection of purchasers of new or used motor vehicles. Such a law would establish the standard for when vehicles should be repurchased or replaced by the manufacturer, so long as the vehicles are under warranty and meet mileage and time requirements.
This law should also allow for independent consumer audits which would be made available to consumers, so they can be equipped with the necessary information they need to make informed decisions when they are undertaking a major purchase such as a motor vehicle.
Dennie Quill is a veteran journalist who may be reached at denniequill@hotmail.com.
