Latin American Consumer Guide 2024 |
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Turks & Caicos Islands |
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(Latin America/Caribbean) Firm Misick & Stanbrook | |
What is the applicable legal regime addressing consumer protection in your jurisdiction? | Consumer Protection Ordinance 2016 as amended. |
What is the definition of a consumer? | In this Ordinance, in relation to:
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What goods and services are covered by consumer protection legislation in your jurisdiction? | About the Sale of Goods Ordinance, goods - includes all personal chattels other than things in action and money; and in particular, includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. In the Consumer Protection Ordinance, services mean, any services or facilities, means any person who employs or wishes to be provided with the services or facilities (otherwise than for the purposes of any business of his). |
Do the applicable regulations provide a list of consumer rights? | Yes.
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Do the applicable regulations provide a list of consumer duties? | No. |
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction? | No, the Ordinance does not speak on this. |
Is there any alternative or special regime depending on the type of good or service? | Yes, Sale of Goods Ordinance; Unfair Contract Terms Ordinance; Electronic Transaction Ordinance which deals with their respective areas.
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What is the minimum information required to be provided to the consumer with respect to goods? |
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Is there a general warranty for products and/or services? | Yes, an implicit guarantee of six months on parts and labor will apply to the transaction in the absence of an express warranty, which the provider may choose to issue at their discretion.
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Are there any products that have a legal warranty different from the general warranty? | No, the Ordinance does not speak on this. |
For what reasons could the consumer initiate a complaint regarding a purchased product or service? |
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Is there a specific judicial action to resolve lawsuits arising from consumer matters? | Yes. |
If there is no specific judicial action, how does the consumer make a claim? | Complaint may be made to the Director by a person who claims to have been adversely affected in relation to the acquisition of goods or services. The Director may determine whether to undertake or continue an investigation under this Ordinance and in particular, but without prejudice to the generality of the foregoing, may refuse to undertake or continue any investigation. If the consumer is not satisfied with the Director's decision, the consumer can appeal the Director's decision at the Consumer Protection Appeal Tribunal. |
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages. | Compensatory and punitive damages. |
Can consumer issues lead to class actions? | Yes. |
How often does this occur? | We are not aware of any class actions to date. |
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier. | The Producer/Provider. |
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime? | Yes, in accordance with the provisions of this Ordinance, there shall be a Director in charge of consumer affairs, whose office shall be a public office, who shall carry out the duties assigned to the Director under this Ordinance and be in charge of the general administration of this Ordinance.
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What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment | An order prohibiting the provider from engaging in such conduct;
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Does the legal regime regulate safety campaigns or product recalls? | Yes.
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Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country? | N/A |
Are there any special regulations on e-commerce? | Yes, Electronic Transaction Ordinance. |
What types of e-commerce platforms are regulated by your legislation? List and define them. | N/A |
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase. | No. |
Is this regime applicable for the purchase and sale of crypto assets? | No. |
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising? | Yes, a person shall not, in the course of trade, advertise at a specified price, goods or services which that person does not—
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Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction? | No. |
Latin American Consumer Guide 2024
In this Ordinance, in relation to:
- any goods, means—
- a natural person who acquires or enters a contract to acquire goods for his own private use or consumption; and
- a commercial undertaking that purchases consumer goods;
- any services or facilities, means any person who employs or wishes to be provided with the services or facilities (otherwise than for the purposes of any business of his); or
- any accommodation, means any person who wishes to occupy the accommodation (otherwise than for the purposes of any business of his).
About the Sale of Goods Ordinance, goods - includes all personal chattels other than things in action and money; and in particular, includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale.
In the Consumer Protection Ordinance, services mean, any services or facilities, means any person who employs or wishes to be provided with the services or facilities (otherwise than for the purposes of any business of his).
Yes.
- Right to Information concerning the goods being sold;
- Entitled to check the weight, volume or other measurement of the goods sought to be purchased where the weight, volume or other measurement of the goods materially affects or determines the price;
- Receipt showing the amount paid by the consumer;
- the date on which the purchase is made or the service is rendered;
- a description of the goods sold or services rendered;
- the professional fees charged, if applicable; and
- such other information as the Minister may by regulations prescribe.
- Warranties;
- Damages resulting from use of service or goods;
- Damaged goods sold to consumer;
- the ability to return defective, materially different and electrical goods.
No.
No, the Ordinance does not speak on this.
Yes, Sale of Goods Ordinance; Unfair Contract Terms Ordinance; Electronic Transaction Ordinance which deals with their respective areas.
- the origin;
- price in the currency of the Islands;
- care terms;
- components;
- hazards;
- proper use;
- assembling;
- installation;
- weight and size of the goods; and
- where chargeable, the professional fees of the provider being charged in respect of the goods.
Yes, an implicit guarantee of six months on parts and labor will apply to the transaction in the absence of an express warranty, which the provider may choose to issue at their discretion.
No, the Ordinance does not speak on this.
- Where a provider fails to comply with subsection (1) he shall, notwithstanding anything to the contrary in the warranty document, be responsible for any damage done to the goods by the consumer that can be directly attributed to the consumer's lack of information.
- A provider commits an offence if in selling or purporting to sell any goods by weight or other measurement or by number, he knowingly delivers or causes to be delivered to the consumer a lesser quantity than that purported to be supplied or that corresponds with the price charged.
- 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 Ordinance.
- Misleading, deceptive or unconscionable conduct.
Yes.
Complaint may be made to the Director by a person who claims to have been adversely affected in relation to the acquisition of goods or services. The Director may determine whether to undertake or continue an investigation under this Ordinance and in particular, but without prejudice to the generality of the foregoing, may refuse to undertake or continue any investigation. If the consumer is not satisfied with the Director's decision, the consumer can appeal the Director's decision at the Consumer Protection Appeal Tribunal.
Yes.
We are not aware of any class actions to date.
Yes, in accordance with the provisions of this Ordinance, there shall be a Director in charge of consumer affairs, whose office shall be a public office, who shall carry out the duties assigned to the Director under this Ordinance and be in charge of the general administration of this Ordinance.
An order prohibiting the provider from engaging in such conduct;
- may negotiate with the provider and conclude an arrangement for—
- the discontinuance of such conduct;
- the refund, with interest, if any, the price of the goods or service;
- any matter relating to such conduct.
- An arrangement under subsection (1)—
- shall be in writing and signed by the parties thereto; and
- may be concluded at any time after the institution of an investigation, but before the institution of court proceedings, if any.
Yes.
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Minister may restrict imports
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Compulsory recall of goods
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Compliance with goods recall notice
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Loss or damage caused by contravention of goods recall notice
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Consultation to be held in certain cases
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Exception in case of danger to public
N/A
Yes, Electronic Transaction Ordinance.
N/A
No.
No.
Yes, a person shall not, in the course of trade, advertise at a specified price, goods or services which that person does not—
- intend to offer for supply; or
- have reasonable grounds for believing can be supplied by that person at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.
No.