Clare Daly (Dublin Fingal, Independent)
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253. To ask the Minister for Jobs, Enterprise and Innovation if she is concerned at the consumer protection implications of a company (details supplied) changing the terms of a customer's contract, but refusing to release the customer from the contract and refusing to refund moneys already paid under the contract; and if she will make a statement on the matter. [19922/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Determination on whether consumer protection legislation has been breached is ultimately a matter for the Competition and Consumer Protection Commission (CCPC) and/or the Courts depending on the relevant legislative provision. The CCPC, which is statutorily independent in the exercise of its enforcement function, has advised me that the matter referred to in the Deputy’s question is under examination along with a number of other consumer issues which have arisen as a result of the introduction of a pay by weight charging structure for household waste. The CCPC has further advised that it cannot comment on the matter or give a time frame for the completion of its examination.

In 2012 and 2013, the CCPC’s predecessor the National Consumer Agency (NCA) took extensive enforcement action in the waste sector following a review of the terms and conditions being used by domestic waste operators after issues were identified in relation to pricing, transparency and contractual matters in this sector. The NCA secured undertakings from seven waste operators that their consumer contracts would be amended to remove terms which the NCA considered to be unfair