Consumer Protection Act 2007

Number 19 of 2007

CONSUMER PROTECTION ACT 2007

REVISED

Updated to 9 February 2023

This Revised Act is an administrative consolidation of the Consumer Protection Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, and all statutory instruments up to and including the Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy Regulations 2023 (S.I. No. 48 of 2023), made 9 February 2023, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 19 of 2007


CONSUMER PROTECTION ACT 2007

REVISED

Updated to 9 February 2023


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title and commencement.

2. Interpretation and application.

3. Regulations.

4. Repeals.

5. Expenses.

PART 2

National Consumer Agency

Chapter 1

The Agency

6. Establishment day. (Repealed)

7. Establishment of Agency. (Repealed)

8. Functions of Agency. (Repealed)

8A. Supplementary powers of Agency with respect to carrying out certain responsibilities. (Repealed)

9. Review of legislation. (Repealed)

10. Membership of Agency. (Repealed)

11. Chairperson of Agency. (Repealed)

12. Meetings and procedures of Agency. (Repealed)

13. Committees. (Repealed)

14. Chief executive. (Repealed)

15. Functions of chief executive. (Repealed)

16. Attendance of chief executive before Committee of Public Accounts. (Repealed)

17. Attendance of chief executive before other Oireachtas Committees. (Repealed)

18. Membership of either House of the Oireachtas, European Parliament or local authority. (Repealed)

19. Indemnity for members of Agency. (Repealed)

20. Strategy statement and work programme of Agency. (Repealed)

21. Provision for co-operation between Agency and certain prescribed bodies. (Repealed)

22. Reports and information to Minister. (Repealed)

23. Accounts and audits. (Repealed)

24. Advances by Minister to Agency. (Repealed)

24A. Annual estimate of income for certain purposes.

24B. Power to impose levies.

24C. Surplus or deficiency in certain income of Agency during financial year.

24D. Arrangements in relation to collection of levies.

24E. Accounting for levies.

25. Disclosure of interests. (Repealed)

26. Power to enter into contracts and to engage consultants and advisers. (Repealed)

27. Premises of Agency. (Repealed)

28. Seal of Agency. (Repealed)

29. Power to borrow. (Repealed)

30. Authorised officers of Agency. (Repealed)

31. Disclosure of information relating to offences. (Repealed)

32. Prohibition on unauthorised disclosure of information. (Repealed)

33. Amendment of Freedom of Information Act 1997. (Repealed)

Chapter 2

Staff of Agency

34. Staffing. (Repealed)

35. Transfer of employment of certain persons to Agency. (Repealed)

36. Superannuation. (Repealed)

Chapter 3

Transfer of Functions, etc.

37. Transfer of functions to Agency. (Repealed)

38. Preservation of existing contracts. (Repealed)

39. Transfer of assets and liabilities. (Repealed)

40. References in certain other enactments to Director or Office of Director. (Repealed)

PART 3

Commercial Practices

Chapter 1

Unfair Commercial Practices

41. General prohibition on unfair commercial practices.

Chapter 2

Misleading Commercial Practices

42. General prohibition on misleading commercial practices.

43. Misleading: false, misleading or deceptive information.

44. Misleading: competitor or product confusion in marketing or advertising.

44A. Misleading: marketing of goods as identical where significantly different.

45. Misleading: non-compliance with commitment under code of practice by which trader is bound.

46. Misleading: withholding, omitting or concealing material information.

47. Offence: misleading commercial practices.

48. Prohibition on surcharges where one method of payment chosen in preference to another.

49. Requirement that surcharge (where otherwise permissible) be stated as part of price.

50. Consumer information regulations.

51. Offences: contravening consumer information regulations.

Chapter 3

Aggressive Commercial Practices

52. General prohibition on aggressive commercial practices.

53. Aggressive commercial practices.

54. Offence: aggressive commercial practices.

Chapter 4

Prohibited Commercial Practices

55. Prohibited commercial practices.

56. Offence: prohibited commercial practices.

57. Price display regulations.

58. Offence: price display contraventions.

59. Offence: weighing facilities in grocery retail.

60. Offence: preventing the reading of prices.

61. State of emergency affecting supply of a product.

62. Power to fix maximum prices during state of emergency.

63. Offence: contravening maximum price orders.

Chapter 5

Grocery Goods Undertakings

63A. Interpretation.

63B. Regulations in respect of grocery goods undertakings.

63C. Inspections and investigations by the Commission.

63D. Contravention notices.

63E. Enforcement.

PART 4

Pyramid Promotional Schemes

64. Definition (Part 4).

65. Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.

66. Pyramid promotional scheme agreements void.

PART 4A

Gift Voucher Contracts

66A. Definitions and application.

66B. Terms of gift voucher contracts.

PART 5

Proceedings, Remedies and Penalties

Chapter 1

Interpretation and General Matters related to Proceedings

67. Definition (Part 5).

68. Presumption respecting representations.

69. Advertisers.

70. Offence of trader due to act or default of another person.

Chapter 2

Civil Proceedings

71. Civil relief by way of prohibition orders.

72. Prohibition orders against code owners.

73. Undertakings with the Agency.

74. Consumer's right of action for damages.

74A. Consumer’s right to price reduction and termination of contract.

Chapter 3

Compliance Notices

75. Compliance notices.

Chapter 4

Criminal Proceedings

76. Time limit for instituting proceedings.

77. Liability for offences by bodies corporate.

77A. Time limit for instituting summary proceedings.

78. Defence of due diligence.

79. Fines and penalties.

80. Convicted persons liable for costs and expenses of proceedings and investigation.

81. Convicted traders liable to compensate consumers for loss or damage.

82. Court may order convicted person to publish corrective statement.

83. Summary trial of persons indicted.

84. Agency may institute summary proceedings for offences.

84A. Commission for Communications Regulation may institute summary proceedings for certain offences.

Chapter 5

Fixed Payment Notices

85. Fixed payment notices for price display and product pricing offences.

Chapter 6

Publication of Trader Names (Consumer Protection List)

86. Agency may publish information respecting certain persons.

Chapter 6A

Publication of Names (Grocery Goods Undertakings List)

86A. Commission may publish certain information in respect of grocery goods undertakings.

PART 6

Miscellaneous

87. Protections for persons reporting breaches.

88. Voluntary submission of codes for Agency review and approval.

89. Admissibility of codes of practice in proceedings.

90. Agency guidelines.

91. Saving for certain contracts.

92. Saving of current price display orders.

93. Transitional.

94. Amendment of Central Bank Act 1942.

95. Amendment of Sale of Goods and Supply of Services Act 1980.

96. Saving for other rights person may have.

97. Amendment of Industrial Development Act 1993.

98. Amendment of Casual Trading Act 1995.

99. Amendment of Hallmarking Act 1981.

100. Power of officer of customs and excise to detain unsafe goods.

101. Directions under certain instruments respecting product safety: actions of third parties.

102. Admissibility of certain laboratory tests.

SCHEDULE 1

Existing Enactments

PART 1

Enactments — Acts of the Oireachtas

PART 2

Enactments made under the European Communities Act 1972 which are existing Enactments

SCHEDULE 2

Repeals

SCHEDULE 3

References in Certain Acts and Instruments to Director or Office of Director

PART 1

References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs

PART 2

References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs

SCHEDULE 4

Enactments for the purpose of section 73 (Undertakings with the Agency)

SCHEDULE 5

Enactments for the purpose of section 75 (Compliance notices)

SCHEDULE 6

Redress for contravention of section 87

SCHEDULE 7

Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)

SCHEDULE 8

Directives for the purpose of section 102 (Admissibility of laboratory tests)

SCHEDULE 9

Relevant statutory instruments


Acts Referred to

Agricultural Produce (Fresh Meat) Act 1930

1930, No. 10

Agricultural Produce (Potatoes) Act 1931

1931, No. 26

Anglo-Portuguese Commercial Treaty Act 1914

5 & 6 Geo. 5., c. 1

Anglo-Portuguese Commercial Treaty Act 1916

6 & 7 Geo. 5., c. 39

Carer’s Leave Act 2001

2001, No. 19

Casual Trading Act 1995

1995, No. 19

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Central Bank and Financial Services Authority of Ireland Act 2004

2004, No. 21

Companies Act 1990

1990, No. 33

Competition Act 2002

2002, No. 14

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Consumer Credit Act 1995

1995, No. 24

Consumer Information Act 1978

1978, No. 1

Criminal Procedure Act 1967

1967, No. 12

Electronic Commerce Act 2000

2000, No. 27

European Communities (Amendment) Act 1993

1993, No. 25

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Food Safety Authority of Ireland Act 1998

1998, No. 29

Freedom of Information Act 1997

1997, No. 13

Hallmarking Act 1981

1981, No. 18

Industrial Development Act 1986

1986, No. 9

Industrial Development Act 1993

1993, No. 19

Interpretation Act 2005

2005, No. 23

Investment Funds, Companies and Miscellaneous Provisions Act 2006

2006, No. 41

Liability for Defective Products Act 1991

1991, No. 28

Local Government Act 2001

2001, No. 37

Merchandise Marks Act 1887

50 & 51 Vic., c. 28

Merchandise Marks Act 1891

54 & 55 Vic., c. 15

Merchandise Marks Act 1911

1 & 2 Geo. 5., c. 31

Merchandise Marks Act 1931

1931, No. 48

Merchandise Marks Act 1970

1970, No. 10

Merchandise Marks Acts 1887 to 1978

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Archives Act 1986

1986, No. 11

National Standards Authority of Ireland Act 1996

1996, No. 28

Occasional Trading Act 1979

1979, No. 35

Official Languages Act 2003

2003, No. 32

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Organisation of Working Time Act 1997

1997, No. 20

Packaged Goods (Quantity Control) Act 1980

1980, No. 11

Package Holidays and Travel Trade Act 1995

1995, No. 17

Parental Leave Acts 1998 and 2006

Pawnbrokers Act 1964

1964, No. 31

Personal Injuries Assessment Board Act 2003

2003, No. 46

Portuguese Treaty Act 1930

1930, No. 35

Prices (Amendment) Act 1972

1972, No. 20

Prices Act 1958

1958, No. 4

Prompt Payment of Accounts Act 1997

1997, No. 31

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Pyramid Selling Act 1980

1980, No. 27

Redundancy Payments Acts 1967 to 2003

Restrictive Practices (Amendment) Act 1987

1987, No. 31

Road Traffic Act 1968

1968, No. 25

Sale of Goods and Supply of Services Act 1980

1980, No. 16

Seed Production Act 1955

1955, No. 14

Spanish Trade Agreement Act 1936

1936, No. 6

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Act 1994

1994, No. 5

Terms of Employment (Information) Acts 1994 and 2001

Trading Stamps Act 1980

1980, No. 23

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2005

Veterinary Practice Act 2005

2005, No. 22


Number 19 of 2007


CONSUMER PROTECTION ACT 2007

REVISED

Updated to 9 February 2023


AN ACT TO GIVE EFFECT TO THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE (DIRECTIVE NO. 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MAY 2005), TO ESTABLISH A BODY TO BE KNOWN AS AN GHNÍOMHAIREACHT NÁISIÚNTA TOMHALTÓIRÍ OR, IN THE ENGLISH LANGUAGE, THE NATIONAL CONSUMER AGENCY AND TO DEFINE ITS FUNCTIONS, TO MAKE NEW PROVISION IN RELATION TO PYRAMID SELLING SCHEMES, TO AMEND THE INDUSTRIAL DEVELOPMENT ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 19 of 2007

Consumer Protection Act 2007

Sections 7(2), 23(2), 24, 27 and 85(7)

...

...

...

C2

Application of Act extended by Central Bank Act 1942 (22/1942), subss. 5A(4) to (9), as substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1 part 1 item 21, S.I. No. 469 of 2010.

General functions and powers of the Bank.

5A.— ...

(4) The functions of the Agency specified in subsection (5) are, in so far as they relate to a financial service provided by a regulated financial service provider, also functions of the Bank and subsections (6) to (8) have effect for the purposes of this subsection.

(5) The functions of the Agency referred to in subsection (4) are the following functions of it under the Consumer Protection Act 2007, namely, functions under

(a) subsections (1), (4), (5) and (6) of section 8 of that Act in relation to—

(i) sections 41 to 49 and 51 to 56 of that Act, and

(ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and 2000 (S.I. No. 27 of 1995 and S.I. No. 307 of 2000),

and

(b) sections 30, 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of that Act.

(6) Subsection (4) operates to vest in the Bank, concurrently with the vesting in the Agency of those functions by the Consumer Protection Act 2007, the functions specified in subsection (5).

(7) Accordingly—

(a) the functions so specified are, subject to any relevant co-operation agreement entered into under section 21 of the Consumer Protection Act 2007, capable of being performed by either the Agency or the Bank, and

(b) subject to subsection (9), references to the Agency in the provisions of that Act specified in subsection (5) are to be read as including references to the Bank and those provisions otherwise apply.

(8) Subject to subsection (9), sections 80, 85 and 87 of the Consumer Protection Act 2007 apply to the Bank as they apply to the Agency and, accordingly, references to the Agency in those sections are to be read as including references to the Bank.

(9) Where any section of the Consumer Protection Act 2007 specified in subsection (5) or (8) provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Bank as is specified in that agreement.

...

Editorial Notes:

E1

Note consumer protection provisions (21.03.2016) in European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (S.I. No. 142 of 2016), in effect as per reg. 2.

E2

Power of National Consumer Agency to inspect and examine licence records for purposes of assisting with investigations into commercial practices connected with motor vehicles under Act prescribed (29.10.2013) by Finance Act 1993 (Section 60) Regulations 2013 (S.I. No. 414 of 2013), reg. 2 and sch.

E3

Note consumer protection provisions (15.03.2013) in European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations 2013 (S.I. No. 132 of 2013), in effect as per reg. 1(2), as amended (26.04.2016) by European Union (Requirements for Credit Transfers and Direct Debits in Euro) (Amendment) Regulations 2016 (S.I. No. 204 of 2016).

E4

Act included in definition of “designated enactments” for purposes of Central Bank Act 1942 (22/1942) by Central Bank Act 1942 (22/1942), s. 2(1) and sch. 2 part 1 item 33, as substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1 part 1 items 6 and 82, S.I. No. 469 of 2010.

E5

National Consumer Agency designated as the competent authority under Article 4(1) of Regulation (EC) No. 2006/2004 of the European Parliament of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, as amended, for the enforcement of certain laws that protect consumers’ interests under Act by European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 (S.I. No. 290 of 2006), reg. 4 and sch. items 6 and 16; as amended (1.08.2008) by European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008 (S.I. No. 316 of 2008), reg. 3(b) and (16.11.2012) by European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2012 (S.I. No. 485 of 2012), reg. 3(c)(iv).