2005 Press Releases
UCC Report shows consumers unaware of their legal rights
While consumers continue to buy online in greater numbers, in particular around Christmas, recent research indicates a general lack of awareness among consumers of their legal rights. For example, 78% of consumers surveyed were not aware of any laws which protect consumers when buying online; and 71% of consumers never, or, only sometimes read the 'terms and conditions' of sale before deciding to purchased.
These are among the findings of a report on Consumers in the Electronic Marketplace published today (20 December 2005) by Mary Donnelly and Fidelma White, researchers at the Law Department, University College Cork and funded by the Irish Research Council for the Humanities and Social Sciences. The report examines the effectiveness of legal protections when consumers buy online. Under the Distance Selling Regulations 2001 suppliers are required to provide consumers with certain information about themselves and the goods/services supplied to enable consumers to make an informed decision whether to buy or not. However, the research indicates that there is considerable variation in terms of compliance levels with these requirements. For instance, there was 100% compliance with regard to information about the goods/services, and 92% compliance in relation to information about the supplier. In contrast, 50% of suppliers failed to provide adequate information regarding payment, delivery or performance; over 30% of suppliers failed to provide adequate information regarding the consumer's right to withdraw; and almost 25% of sites failed to comply with the requirement to provide information relating to price. Most problems in this area related to whether or not tax was included in the price.
The 2001 Regulations also allow consumers a minimum period of seven days from the date of delivery of goods to return the goods to the supplier and to get a full refund. This right to return operates regardless of the consumer's reason for returning the goods and without cost to the consumer (other then the direct cost of returning the goods). However, the research indicates that only 10% of consumers were aware of this seven days return period; and that only 40% of consumers were aware of their right to return goods without giving a reason. The UCC Report suggests that consumers have a misplaced confidence in their knowledge of their legal rights and their ability to protect themselves. Moreover, the UCC Report recommends that government bodies and business representative organizations should do more to ensure higher levels of compliance with the Regulations among suppliers, through the publication of guidelines on compliance and best practice. At the same time, it is predicted that greater levels of compliance among suppliers will enable consumers to play a more active role in protecting themselves.
The full report can be accessed at http://www.ucc.ie/law/faculty/staff/consumersdec05.pdf
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