Written answers

Tuesday, 17 May 2005

Department of Enterprise, Trade and Employment

Consumer Protection

9:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 192: To ask the Minister for Enterprise, Trade and Employment if proposals are being developed to require persons touting for business by dropping leaflets to provide addresses and land line telephone numbers in order better to protect the public. [15946/05]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The practice of businesses dropping leaflets into people's homes offering goods or services is common. These leaflets are usually a form of advertising and sometimes addresses and land line numbers are provided and sometimes there is a mobile number. In either case consumers who are interested in the particular goods or services can contact the promoter for further details and if the address and-or land line number is not provided the consumer can ascertain this from speaking to the provider of the goods or services via mobile phone.

However the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations, S I 207 of 2001, might apply in certain circumstances. These regulations apply to contracts made by "means of distance communication" and these include unaddressed and addressed printed matter. The regulations protect the consumer by obliging suppliers to provide information on the identity of the supplier, the address — where payment is made in advance — the price and characteristics of the goods or services, the delivery costs, etc. For these regulations to apply, however, the contract has to be made making exclusive use of one of more of the means of distance communication. For example, if the consumer followed up on the leaflet and telephoned the mobile phone of the supplier and made the contract over the phone the regulations would apply. Failure by the supplier to provide the information required by the regulations constitutes an offence. The regulations are enforced by the Director of Consumer Affairs.

As with all transactions I urge consumers to obtain as much information as they feel they need before committing themselves to purchase anything. If people are concerned about fraud in these situations I am pleased to inform the Deputy that the Director of Consumer Affairs in March of this year launched a fraud awareness campaign which aims to help consumers to stop, think and check out unsolicited offers prior to parting with money or personal financial information.

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