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LEX FORI INTERNATIONAL LAWYERS
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THREE STORIES ABOUT HOW TO LOSE MONEY THE EASY WAY |
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Helga had never been very good at school and now at 18, the only diploma she had was the one she had received for taking the second prize at the annual "cake baking" contest of her community centre.
Her parents, both unemployed, kept asking her when she was getting a job. Apart from a few hours washing dishes in a restaurant she had been unable to find any work.
Then, one day, she spotted an ad in a women's magazine:
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Ascot School for models: Become a fashion model. One week course. Guaranteed results. |
Helga's friends were always making compliments about her looks, so she thought "Why not me ?". After all, a lot of the models she had seen in magazines weren't all that beautiful and they were making millions.
The school building looked a bit run down and the classrooms were very small, but the man who introduced himself as the director of the school was very charming. "With a figure like yours you could soon be making a thousand a week" he told her.
The price of the course seemed a bit expensive: 1.000 euros for one week. But the director told her that he would get her involved in a swimsuit catalogue.
The photography would take place in the Bahamas of all places ! Helga could make as much as 3.000 euros all expenses paid.
Helga managed to get her favourite aunt to lend her the money. The course didn't seem like much : walking with a book on your head, looking at videos of fashion shows. In fact, most of the time was spent chatting with the other girls as several classes were cancelled at the last minute.
Helga was very pleased to receive an official fashion model diploma at the end of the week.
Three weeks later she was still waiting to start her career and complained to the director. He explained to her that she missed several opportunities because he didn't have any proper photographs of her to show the modelling agencies.
After paying 500 euros (lent by her boyfriend) to have snapshots of herself taken, and waiting another 3 weeks Helga started to get impatient.
She asked her uncle, a former policeman, to accompany her to the school. Much to their amazement they found construction workers busy tearing down the building.
Helga is now working at a local McDonald's trying to earn enough to reimburse her aunt.
Maria wasn't able to hold a regular job. With three young children she wasn't able to leave her home and she didn't have anyone to help or money to pay for a babysitter.
When she saw an ad pasted on a board in her local supermarket "Work at home and make up to 30 euros an hour" she thought she had found a solution.
She called a mobile phone number and a very nice lady told her that all she needed was to know to read and follow simple instructions.
All she had to do was to register as a homeworker for a fee of 50 euros which would be refunded upon completion of her first work assignment. She could select the type of work she wanted to do (craft work, assembly work, packing, envelope filling and typing) and she would receive a free homeworker magazine.
Maria didn't have the 50 euros, but she managed to persuade a sympathetic social worker to give her the money under the pretence of buying baby clothes.
When the box arrived Maria had to pay 10 euros for postage. Still Maria was thrilled to start her first "home job". She spent most of the night stuffing and labelling envelopes. The next morning after paying another 10 euros for postage she proudly mailed her work.
After three weeks, Maria, having heard nothing from the homeworking company called them. The nice lady wasn't as nice as the first time and told her that her work was very poor and that there was no reason to pay for it.
However she could give Maria another try. This time Maria would have to string beads. The beads were very precious and Maria would have pay a 100 euros deposit to make sure she returned them.
Maria used the foulest language she could think of and hung up.
Maria never told any of her friends what had happened for fear they would laugh at her.
Eric hated his job as a supply clerk.
He spent most of his hours in a dark basement. He wanted to be in the open air and meet new people. So when Peggy, a girl he had met at a party, told him about an interesting business opportunity he wanted to know more. Peggy took him to a meeting in well known luxury hotel.
There a charismatic man in an elegant Italian suit was talking to a group of about 50 people.
He called on Peggy to present their latest product a tax guide. Peggy beamed and told the group "with this guide I earn more and I pay less taxes". Then more people got up and told the group how many guides they had sold during the post month. Every time one had given his sales figures everyone chanted "He's a winner, he has what it takes".
Eric was very impressed. Everyone seemed so dynamic and happy. He was even more impressed by the private meeting that he had with the man in the Italian suit. The man was very friendly and pleasant.
Eric was told that he would receive about 1000 euros, the first month, in commissions on his sales of the tax guide and other products. Then after that, he would be expected to recruit new distributors from which he would start receiving commissions on the purchases they made . And when those distributors started to recruit their own sub-distributors, money would start pouring in. All he had to do was to recruit 5 of his friends as distributors who would in turn recruit 5 of their friends and pretty soon, as sure as 5 x 5 x 5 = 125, he would have more than a hundred people bringing in commissions for him.
Three months later things were not going as well as he had expected. Eric had 300 copies of the tax guide in his living room of which he had only sold 10. None of his friends wanted to be distributors. The Bank manager kept calling him about the overdraft in his account due to the purchase of the tax guides.
Eric decided to complain to the man in the Italian suit. The man explained very convincingly that Eric's sales technique was at fault. Eric admitted that he had never received any training in his area. The man immediately signed him up at a weekend retreat where he would learn the secrets of a good sales pitch.
Eric still works in the windowless basement. After having spent 500 euros for the weekend retreat, 200 euros for the "How to sell, sell and sell" tapes, 50 euros for the "1001 ways to sell" book, 400 euros for the "International selling" seminar and 350 euros for the telephone selling tutorial, he uses the tax guides as furniture since most of it had to be sold to pay his debts.
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MIND THE TRAFFIC LIGHTS! |
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How to avoid being stung by a scam ? Here are a few tips on how to spot one.
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Yellow light | |
Green light |
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- No address - A mobile phone number - Boasts it is the world's most rewarding money making scheme or fastest expanding business - It says it is not a scam or not MLM - Promises of instant wealth - After reading the ad or other document you have no idea what the product or service is - Request for immediate payment of registration or administration fees in the case of homeworking - Ad appears in the "business proposals" or "miscellaneous" sections of a free magazine - A course is offered that guarantees a job |
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- Address is a P.O. box - Capital letters shouting at you - Promises to reveal a secret - Vague references e.g. "Thousands of satisfied customers" - Meetings that don't take place in the company offices but in bars, pubs, hotel or restaurants - Ad appears in the "job offers" of a free magazine - The word "official" - The company involved is new - Training to become a model, actor, flight attendant sports instructor or security guard - It sounds too good to be true - A request for a payment that wasn't mentioned to start with |
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- A complete address including bank references or official registration numbers - A precise description of the product or service - Ad appears in reputable newspaper or magazine - The company involved has been around for many years - In the case of homeworking, no money is requested - In the case of a business proposal, you are able to speak to people already in the business, or in the case of a course, to former students |
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HOW TO IDENTIFY RELIABLE VOCATIONAL TRAINING AND BUSINESS OFFERS |
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There are many serious schools and training institutions as well as serious business concepts. Why bother with the dubious ones ?
When tempted to respond to an offer in these fields, take a few minutes to read the written materials and to look for any of the telltale signs that are highlighted in our traffic section (see above).
If you are still interested don't pay any substantial amount of money (especially if it's your life long savings !) before taking the advice of a professional.
Depending on the nature of the proposal, there are many people who can help you for free or for a small charge.
Check to see if the company you are dealing with actually exists.
If practical, visit the offices (or classrooms).
Depending on the nature of the proposal ask to speak to former students or other people like you who have taken up the business. Ask to sit in on a lecture (vocational training) or spend a day with someone who is already in the business (business proposals) before you pay anything.
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WHAT TO DO IF YOU ARE A VICTIM OF DOUBTFUL PRACTICES? |
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Don't be ashamed ! Don't think the amount involved is too small to bother complaining. Do yourself and future victims a favour. Don't let them get away with it ! Complain.
Depending on the nature of the scam contact:
If you are confused as to who to contact ask anyone of the organisations listed above to advise you where to file your complaints. Don't be shy !
If the matter is serious and you have suffered a financial loss you should report the matter to a solicitor or the police.
Consult the list of national contact points applicable to your country of residence (see below)
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LIST OF CONTACTS |
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This list is not meant to be a complete list of all the various organisations that ca n be of use to consumers, especially to those victims of the doubtful practices described in this guide. It is only a selection of useful addresses. There are many other organisations which could be of help to the consumer and which are not included in this list.
a) Arbeiterkammer
Prinz-Eugen-Strasse 20-22
A-1041 Wien
Telefon: (01) 501 65-2525
Telefax: (01) 501 65-2478
E-Mail: karin.fendrich@akwien.or.at
Website: http://www.akwien.or.at/
To report misleading advertisements, to seek advice about doubtful practices, to obtain information on homeworking schemes and useful leaflets giving information and advice on consumer protection/trading practices, to lodge a complaint or obtain information concerning education/training.
b) Consumer organisations
Verein fur Konsumenteninformation
Mariahilfer Strasse 81
A-1061 Wien
Telefon: (01) 588 77-0
Telefax: (01) 588 77-71
E-Mail: leserbriefe@konsument.at
Internet: http://www.konsument.at
VKI is able to answer questions from consumers through a telephone service and response by mail. In some cases the VKI will try to solve the problems by mediation.
VKI can also start a lawsuit for the consumers but does not systematically do so.
c) Österreichischer Rechtsanwaltskammertag
Rotenturmstrasse 13
A-1010 Wien
Telefon: (01) 535 12 75-0
Telefax: (01) 535 12 75-13
E-Mail: rechtsanwaelte@oerak.or.at
Website: http://www.oerak.or.at
If you should not know a lawyer the Austrian bar will provide you the name of a lawyer who is specialised in the field of consumer protection. A lawyer will be useful if a settlement of the case has not me reached through the efforts of a consumer organisation or of the Arbeiterkammer and you wish to be represented in the most efficient way before all Austrian authorities. He is authorised to file an action before court or an report with the police and safeguards your interests.
d) Bundesministerium für Justiz
Museumstrasse 7
(Palais Trautson)
A-1070 Wien
Telefon: (01) 526 36 86
(01) 521 52-0
Telefax: (01) 521 52 27-27
E-Mail: post@bmj.gv.at
Internet: http://www.justiz.gv.at/konsumentenschutz
General information about consumer law. Toll free information telephone number: 0800/20 61 38.
a) Consumer groups
Test-Aankoop / Test-Achats
Hollandstraat 13
1060 Brussel
Tel: + 32 (0)2 542 32 50 (general phone number)
Tel: + 32 (0)2 542 34 34 (for Dutch speaking members)
Tel: + 32 (0)2 542 33 33 (for French speaking members)
http://www.test-aankoop.be
http://www.test-achats.be
The main Belgian consumer organisation will assist its members only.
Non members can always write to Test-Aankoop, which can use the subject for publication as a warning for other consumers, or become members.
Information and advice is provided as well as help through mediation and reconciliation with the other party.
Representation in court is not provided, but in some exemplary cases the organisation will participate in the legal proceedings.
b. Ministerie van Economische Zaken / Ministère des Affaires Economiques (Ministry of Economic Affairs)
De Meeussquare 23
1000 Brussel
Mr. Rudy Liekens
Tel: +32 (0)2 506 52 25
Fax: +32 (0)2 506 50 60
This is the information service contact point at the ministry of Economic Affairs. Consumers will be transferred to the relevant unit of the Ministry to the Economic Inspection, the consumer board within the Ministry of Economic Affairs, etc.
Ministerie van Economische Zaken / Ministère des Affaires Economiques (Ministry of Economic Affairs)
Bestuur Handelsbeleid
WTC Toren 3
Koning Albert II laan 16
1000 Brussel
Tel: +32 (0)2 206 52 40 (Dutch speaking consumers)
Tel: +32 (0)2 206 51 88 (French speaking consumers)
Consumers can address their complaint to this consumer information board within the Ministry.
Ministerie van Economische Zaken / Ministere des Affaires Economiques (Ministry of Economic Affairs)
Economic Inspection
Simon Bolivarlaan 30
1000 Brussel
Tel: + 32 (0)2 208 36 11
Fax: + 32 (0)2 208 39 15
Beco.inspec@pophost.eunet.be
Consumer can file a complaint against dishonest practices of a trader. The economic inspection can investigate the case for violations against the Law on Commercial Practices and the Information to and protection of the consumer (LCP), 14 July 1991, more specifically: violations against misleading advertising, false advertising, distance selling etc.
c) The Flemish Ombudsman / The Wallon Ombudsman
Free telephone number: 0800 24 050
Consumers can be helped if the have a problem with recognised forms of education. Non-recognised educations or training centres etc. are not for this administration.
d) Other.
For more federal institutions and ministries: http://www.fgov.be
For regional institutions and ministries:
http://www.vlaanderen.be (Flemish government and institutions)
http://www.cfwb.be (Francophone government and institutions)
Consumers can also get information and aid from lawyers, worker unions (if they are members).
a) Forbrugerklagenævnet - the Consumers’ Complaint Board
Amagerfælledvej 56
2300 København S
tel + 45 32 66 90 00
fax + 45 32 66 91 00
email: fs@fs.dk
The consumers' complaint board has competence to deal with all consumer complaints that do not fall within the competence of specific complaint boards approved by the consumer directorate. Within the area of vocational training only one such specific complaint board exist ( see. Below). The complaint board is composed by an equal number of members appointed by consumer interests and members appointed by associations of trade, industry and service. The consumer who wish to file a complaint may contact the consumers' complaint board by telephone or in writing. The consumer will be asked to fill in a form and to pay a token fee. The consumers' complaint board will provide all research into the matter including expert inspection or evidence. If the decision is in favour of the consumer, legal aid before the district court is automatically granted to the consumer if an appeal is lodged by the business with the district court.
b) Undervisningsministeriet - the Ministry of Education
Frederiksholms Kanal 21
1220 Kobenhavn K
tel. + 45 33 92 50 00
fax. + 45 33 92 50 54
email: uvm@uvm.dk
c) The municipality of the domicile of the school or training centre offering vocational training.
Kommunernes Landsforening –
the National Association of Municipalities
Gyldenløvesgade 11
1600 København V.
tel. + 45 33 70 33 70
fax. + 45 33 70 33 71
email: kl@kl.dk
The Ministry of Education and the local municipality are solely competent to deal with complaints concerning vocational training by publicly subsidised and publicly approved schools, technical colleges, and training centres for adult education. The local municipality has exclusive competence to deal with complaints concerning publicly subsidised leisure training.
d) Forbrugerombudsmanden -the Consumer Ombudsman
Amagerfælledvej 56
2300 København S
tel + 45 32 66 90 00
fax + 45 32 66 91 00
email: fs@fs.dk
The consumer ombudsman does not deal at large with individual complaints. The consumer ombudsman is concerned with consumer policy issues and acts a consumer policeman. You may want however to complain to the Ombudsman in order to draw his attention to a problem affecting many consumers. He can then intervene directly or through the Courts to stop the doubtful practices that you complained about.
e) Ankenævnet for køreundervisning - the Complaint Board for Driving Schools
Ellested
5859 Ørbæk
tel + 45 63 33 15 19
office hours 10:00 – 12:00 a.m.
The complaint board has competence to deal with complaints concerning the services of driving schools only.
f) Den lokale advokaternes retshjælp - the local legal aid clinic
Københavnske Advokaters Retshjælp
Kringlegangen
1154 København K
office hours Tuesday and Thursday 5:00 – 7:00 p.m.
The address and office hours of the local legal aid clinic throughout Denmark are given by
Det Danske Advokatsamfund – the Danish Bar Association
Kronprinsessegade 28
1306 København K
tel. + 46 33 96 97 98
fax + 45 33 36 97 50
e-mail: samfund@advocom.dk
At the local legal aid clinic the consumer may consult a practising lawyer and obtain advice on his legal position. The consultation is offered within the office hours without costs to the consumer and in full anonymity. The legal aid clinic will offer direct verbal advice only with a view to assess if the problem is a legal problem. Telephone consultations are not offered.
The consultation is concluded – depending on the merits of the matter - by the consumer being referred to the consumers’ complaint board, to other complaint boards, to an authority or to a lawyer who will apply for legal aid and take the matter before the competent court.
4. Germany
a) Verbraucherschutzverein e.V.
Lützowstraße 33 – 36
D –10785 Berlin
Tel: (+49-30) 21 48 74 0
http://www.verbraucherschutzverein.de
info@verbraucherschutzverein.de
Consumers can go to this national organisation or to regional consumers groups (see below) to seek information, advice and assistance in mediation. In certain cases help can also be provided in legal proceedings, especially in cases of misleading advertising. Matters can also be referred to governmental authorities for prosecution.
b) Regional " Verbraucherzentralen " (Consumer organisations).
In every state there’s a regional " Verbraucherzentrale ". The addresses can be found at:
http://www.verbraucherschutzverein.de
http://www. stiftung-warentest.de
or:
Arbeitsgemeinschaft der Verbraucherverbände (AgV)
Heilsbachstr. 20
D-53123 Bonn
Tel: (+49-228) 64.890
Fax: (+49-228) 64.42.58
http://www.agv.de/
c) Bundesinstitut für Berufsbildung
Hermann-Ehlers-Straße 10
D-53113 Bonn
Tel: (+49) 0228 / 107- 0
http://www.bibb.de
This institution’s mission is not to help victimised consumers, but rather to set up quality vocational training, develop it and give the consumer full information about his or her possibilities, provide suitable projects etc.
It can be useful for the consumer to contact the BIBB first, before signing a contract with an unknown provider of vocational training.
d) Stiftung Warentest
Lützowplatz 11-13
D - 10785 Berlin
Tel: (+49-30) 26.31.0
Fax: (+49-30) 26.31.428
http://www.stiftung-warentest.de
For general consumer information. Consumers can write about doubtful practices so that some of the practices may be studied or used as a theme for publication, but should not expect individual assistance.
e) ZAW
Zentralverband der deutschen Werbewirtschaft
Vilichgasse 17
33177 Bonn
0228 82 09 20
This organisation can act against misleading advertisements, either by obtaining the removal of the ad from the company itself or indirectly through the media.
a) The Department for the Protection of Consumer
(former General Secretariat of Consumer)
This department of the Ministry of Development (former Ministry of Commerce) is the public authority responsible for addressing issues concerning consumers, either on its own initiative or upon a written complaint from a consumer.
It can provide information and will process complaints by contacting the relevant enterprise or merchant to find a solution. In case parties do not reach an agreement, the consumer will have to go to the courts. In certain very serious cases, where the Department ascertains that a supplier violates the consumer protection law, it may impose fines.
Contact details
Department for the Protection of Consumers
Ministry of Development
Kannigos square
Athens 101 81
Mrs Stroggari
Tel: (301) 3830353
Fax: (301) 3822588
The special telephone line of the Ministry of Development 1702 may be contacted, where consumers may call and state their complaints on any issue of their concern. These complaints will be forwarded and handled by the Department for the Protection of Consumers of the Ministry of Development.
b) Committees of Amicable Settlement
These committees organised in every Prefecture aim to settle disputes between consumers or consumers' organisations and suppliers. The complaint will be heard within 15 days from the submission thereof and parties will be notified accordingly. The rulings of the Committees are final and are in no way connected with any other legal procedure, upon which they bear no effect.
Contact details
Committee of Amicable Settlement
Prefecture of Athens
60 Stadiou str.
5th floor
Athens
Mr Mihalis Kafouris
Tel - fax: (301) 3212176
c) Consumer groups
Consumer groups provide information, advice and assistance to consumers. They have the right to represent consumers before all authorities and courts. In certain cases they can act in court on behalf of the consumer, but in most case they endeavour to reach an out of court solution.
The largest consumer group in Greece is EKPIZO. It has settled a great number of cases amicably and also supported consumer interests through successful class actions.
Contact details
E.K.P.I.Z.O.
Consumers' Association The quality of Life
Mrs Panayota Kalapotharakou
43-45 Valtetsiou str.
106 81 Athens
tel: (301) 3304444
fax: (301) 3300591
a) Consumer Ombudsman
The Ombudsman handles individual reports concerning marketing and when detecting illegal marketing shall contact the entrepreneur and try to make him cease such marketing and if necessary instigate proceedings at the Market Court. When the case is significant for consumer protection also assists consumers in court. In addition the joint office of the Consumer Ombudsman /National Consumer Administration produces information on consumers' rights, obligations and position on the market.
Contact information:
Visiting address: Haapaniemenkatu 4 A, 7th floor, 00530 Helsinki, Finland
Postal address: PL 5, 00531 Helsinki, Finland
Telephone: 09-77 261
Telefax: 09-7726 7557
E-mail: posti@kuluttajavirasto.fi
Telephone counselling 09 - 7726 7821, weekdays from 9.00 AM to 3.00 PM.
b) Municipal Consumer Counsellors
They inform consumers of their rights and obligations and also try to resolve differences between entrepreneurs and customers. If differences cannot be resolved in this way, they can refer the matter to the attention of the Consumer Complaints Board.
Please contact the Consumer Ombudsman's office (contact information below), in order to find the contact information for your municipal consumer counsellor.
c) Consumer Complaints Board
The Board gives guidelines in disputes between entrepreneurs and consumers. The decisions of the Consumer Complaints Board are not binding but are fairly well observed by the entrepreneurs.
Contact information:
Visiting address: Kaikukatu 3, 00530 Helsinki, Finland
Postal address: PL 5, 00531 Helsinki, Finland
Telephone 09-77 261
Telefax 09-753 4880
d) Consumer's Association
For consumer information and some legal advice over the telephone or by mail, telefax or e-mail. Members of the Consumer's Association may also schedule a meeting with the Consumer's Association lawyer for additional information.
Contact information:
Visiting and postal address: Mannerheimintie 15 A, 00260 Helsinki, Finland
Telephone: 09-454 2210
Telefax: 09-454 22120
E-mail: suomen@kuluttajaliitto.fi
e) Finnish Bar Association
You may want to consult you own attorney or lawyer in order to find out your rights and obligations as a consumer and to receive a recommendation of what legal actions could be taken against the entrepreneur, if any.
If you do not have an attorney or lawyer of your own but wish to have one, it is possible to contact the Finnish Bar Association
Contact information:
Visiting and postal address: Simonkatu 12 B 20, 00100 Helsinki
Telephone: 09-686 6120
Telefax: 09-6866 1299
E-mail: asianajajat@asianajajat.fi
Ministère de l'Économie, des Finances, et du Budget
Direction de la Consommation, de la Concurrence et de la Répression des Fraudes.
59 Boulevard Vincent Auriol
F - 75703 Paris Cedex 13
Tel: (+33-1) 44.87.17.17
Fax: (+33-1) 44.97.33.66
La DGCCRF possède une direction départementale dans chaque département. Elle a vocation a recevoir les plaintes des consommateurs et peut mener des enquêtes sur le terrain et dresser des procès-verbaux qui pourront être transmis au Parquet pour pousuites le cas échéant.
BP 5OOO
Il est possible d’écrire à cette adresse avec le code postale de votre département, dans de nombreux départements. Ce service intervient pour essayer de trouver une solution amiable au litige.
Institut National de la Consommation (INC)
80 rue Lecourbe
F - 75732 Paris (Cedex 15)
Tel: (+33-1) 45.66.20.20
Fax: (+33-1) 45.66.21.20
L’INC n’a pas vocation à recevoir les plaintes des consommateurs, mais à fournir des informations utiles aux consommateurs pour connaître ses droits et s’orienter.
Organisations de consommateurs:
Il existe de nombreuses organisations de consommateurs en France.
Une liste est disponible à l’adresse suivante:Les organisations de consommateurs ont vocation à informer,conseiller et assister les consommateurs. Elles peuvent vous aider en intervenant auprès de l’entreprise dont vous vous plaignez, et dans certains cas agir en justice à vos côtés.
a) Office of the Director of Consumer Affairs
To lodge a complaint about dubious business practices or misleading advertisements. The office will follow-up your complaint and may take up your case in the courts if they believe it is sufficiently serious. The office has a low-cost telephone call service for consumers and will provide general information on your consumer rights.
Office of the Director of Consumer Affairs
4 Harcourt Road,
Dublin 2
Telephone: (01) 4025555
Low cost-call: 1890 220229
Fax: (01) 4025501
Local Office: 89-90 South Mall, Cork;
Tel: (021) 274099; Fax: (021) 274109
b) European Consumer Centre
To lodge a complaint about dubious business practices or to asceratin what are your consumer rights the Centre provides a 'walk-in' facility in the main shopping street of Dublin. They will also deal with complaints by telephone. They will give you advice on your legal rights. The office works in close co-operation with the Office of the Director of Consumer Affairs.
European Consumer Centre
Consumer Advice Shop,
O' Connell Street,
Dublin 1
Telephone: (01) 8090600
Fax: (01) 8090601
c) Consumers Association of Ireland
To obtain general information about your consumer rights. The office does have a complaints service and will be able to assist you as to how to go about seeking redress.
Consumers Association of Ireland
45 Upper Mount Street
Dublin 2
Telephone: (01) 6612466
Fax: (01) 6612464
d) Citizen Advice Offices
These offices will provide general advice as your statutory rights in relation to social security and vocational training. They will lodge your complaint and take it up with the relevant Government Department or Agency.
Head Office
Comhairle (Citizen Advice Centres)
7th Floor,
Hume House,
Ballsbridge,
Dublin 4
Telephone: (01) 6059000
Fax: (01) 6059099
Regional Offices: Cork, Galway & Tallaght
Local Offices: Castlebar, Cavan, Dundalk, Kilkenny, Letterkenny, Limerick, Mullingar, Tralee, Tullamore, Sligo, Waterford.
e) Legal Aid Board (free legal aid offices)
These offices will provide you with general legal advice on how to obtain redress in relation to dubious business practices. The legal advice is free dependent on a means-test.
Head Office
Legal Aid Board
Headquarters
St Stephen's Green House,
Dublin 2
Telephone: (01) 2400900
Fax: (01) 2400972
Local Offices: Dublin, Cork, Limerick, Galway, Sligo
a) Associations of Consumers and Users
There are numerous consumer groups some of which are listed below.
They can provide you with information, advice and guidance. They can also contact the other party and try to work out a settlement.
ADICONSUM
Via Lancisi 25
00161 Roma
Tel 06 4417021
- Fax 06 44170230
www.adiconsum.it
ADOC
Via Lucullo 6
00187 Roma
Tel 06 4753303 - Fax 06 4819028
ADUSBEF
Via Farini 62
00185 Roma
Tel - Fax 06 4818632
Associazione Nazionale Cooperative Consumatori
Via Panaro 14
00199 Roma
Tel 06 865051 - Fax 06 86505251
www.coop.it
Cittadinanza Attiva
Via Flaminia 53
00196 Roma
Tel 06 367181 - Fax 06 36718333
www.cittadinanzattiva.it
CODACONS
V.le Mazzini 73
00195 Roma
Tel 06 3735 1738 - Fax 06 3701709
www.codacons.it
Comitato Consumatori Altro Consumo
Via Valassina 22
20159 Milano
Tel 02 668901 - Fax 6689 0288
www.altroconsumo.it
Federconsumatori
Via S. Veniero 8
00192 Roma
Tel 06 3973 6107 - Fax 06 3973 6105
www.federconsumatori.it
Movimento Consumatori
Via C.M. Maggi 14
20154 Milano
Tel 02 3360 3060 - Fax 02 3493 7400
Movimento Difesa del Cittadino
P.zza Cola di Rienzo 68
00192 Roma
Tel 06 3214 230 - Fax 06 3222212
www.mdc.it
Unione Nazionale Consumatori
Via Andrea Doria 48
00192 Roma
Tel 06 3973 7021 - Fax 06 3973 3329
www.consumatori.it
Public Bodies of Inspection and Control
b) Autorità Garante per la Concorrenza ed il Mercato
V.le Liguria 26
00187 Roma
Tel 06 481621 – Fax 06 4816 2256
www.agcm.it
This government agency will act against misleading advertisements. It can prohibit such ads and impose fines. If you believe an ad was misleading or deceitful you should send a written complaint.
You can also complain to the IAP (see below) which try to find a solution through self-regulation by direct contact with the company or through co-operation of the media.
d) Local Ombudsman
Sometimes the ombudsman, depending on his mission, will be in position to intervene on your behalf and try to obtain a settlement.
e) Provincial Offices of Industry, Commerce and Handicraft
These offices can intervene on your behalf and will often investigate the matter and in some cases report dubious practices to the judicial authorities.
e) Local Chamber of Commerce, Industry and Handicraft
These chambers can be a useful contact to find out more about the company you are dealing with and often will intervene on your behalf.
f) Regional, Provincial and Municipal Offices of "Citizens' Rights Protection"
They can also provide you with information, advice and guidance and often contact the other party and try to work out a settlement.
Important Note: the National Council of Consumers and Users published a useful and exhaustive handbook which contains a list of bodies, associations and organisations who act in defence of consumers. The above handbook, whose name is "Tuttoconsumatori", is available at the following address: http://www.minindustria.it/Dgatm/TuttoCons/TuttoCons.htm
a) Union Luxembourgeoise des Consommateurs (ULC)
55 rue des Bruyères
L - 1274 Howald
Tel: (+352) 49.60.22.1
Fax: (+352) 49.49.57
ULC peut vous fournir des informations, vous conseiller et vous orienter dans vos démarches pour obtenir réparation du préjudice subi.
Elle peut intervenir auprès de l’entreprise concernée et tenter d’obtenir une solution à l’amiable. Elle peut également, dans certains cas, intervenir à vos côtés dans une procédure judiciaire et notamment se constituer partie-civile dans une procédure pénale.
b) Ministère des Classes moyennes et du Tourisme
Avenue Emile Reuter 6
L - 2914 Luxembourg
Tel: (+352) 478.65.01
Fax: (+352) 478.65.70
L’administration, notamment lorsqu’elle estime qu’il y a des pratiques commerciales déloyales de la part de l’entreprise, peut procéder à une enquête et transmettre le cas échéant votre plainte au Parquet.
c) Ministère de l’Education Nationale, de la Formation Professionnelle et des Sports
29, rue Aldringen
L-2926 Luxembourg
Tél: 478-5151
Fax: 478-5113
Si la formation que vous avez suivie a été dispensée par un établissement opérant sous le contrôle de l’Etat, ou recevant des financements publiques, vous pouvez saisir ce Ministère d’une réclamation pour qu’il procède à une enquête administrative. Vous pouvez également obtenir des informations sur la reconnaissance officielle des différentes formations.
a) Consumentenbond
Endhovenplein nr. 1
Den Haag
Postbus 1000
2500 BA Den Haag
tel nr. 070 - 4454545
http://www.consumentenbond.nl
This is the national consumer organisation . In addition to information and advice it start actions (mediation, lawsuits etc.) in order to stop or prevent violations of consumer interests.
b) Ministerie van Onderwijs (Ministry of Education)
Europaweg 4
Zoetermeer
Postbus 25000
2700 AH Zoetermeer
tel nr. 079 - 3232666
Consumers who have been a victim of poor vocational training by institutions or schools that have a link with the Ministry of Education can complain to the Ministry.
This can lead to an investigation by the Inspection of this department and to administrative sanctions:
Inspectie Beroepsonderwijs
Ministerie van Onderwijs
tel. nr. 079 - 3513700
c) Stichting Geschillen voor Consumentenzaken
Surinamestraat 24
2585 GJ Den Haag
teln nr. 070 - 3105310
Consumers complaints are examined by this organisation which attempts mediation of the dispute.
d) Reclame Code Commissie
Paasheuvelweg nr. 15
Amsterdam
Postbus 12352
1100 AJ Amsterdam
tel.nr. 020 - 6969919
This organisation is able to process complaints about dishonest and/or misleading advertising. Consumers who have been fooled by false or misleading advertising can contact the RCC which will try to mediate to find a solution.
a) Instituto do Consumidor
consumer service:
The instituto will help you ascertain your rights and direct you to the proper authority and organisation
Pç. Duque de Saldanha, 31, R/c, 2º, 3º e 5º
1069-013 Lisboa
Telefone: 21 356 46 00 ; Fax: 21 356 47 19
Email: ic@ic.pt
b) Consumer Groups
There are many in Portugal. These group offer advice and support to the victims of dubious practices. They offer mediation services and can contact the business and try to reach a settlement.
The Instituto do Consumidor can provide you with the coordinates of the consumer group nearest to you.
c) Centros de Arbitragem de Conflitos de Consumo
These centres offer arbitration facilities for consumer problems. It is necessary for the business to agree to the arbitration. This is less likely in the case of dishonest businesses.
d) Judicial authorities
To report criminal behaviour and to ask for prosecution of dubious businesses:
b) Consumer Groups
There are many in Portugal. These group offer advice and support to the victims of dubious practices. They offer mediation services and can contact the business and try to reach a settlement.
The Instituto do Consumidor can provide you with the coordinates of the consumer group nearest to you.
c) Centros de Arbitragem de Conflitos de Consumo
These centres offer arbitration facilities for consumer problems. It is necessary for the business to agree to the arbitration. This is less likely in the case of dishonest businesses.
d) Judicial authorities
To report criminal behaviour and to ask for prosecution of dubious businesses:
Public prosecutor (Ministério Público);
only if the case has criminal relevance.
Police; Policia Judiciária.
This organism is an agency of the Ministry of Health and Consumer Affairs. It does not directly handle individual claims, it only intervenes when there is a great number of consumers affected, but they will be able to supply you with information about the consumer rights and refer you to the relevant organisation.
Príncipe de Vergara, 54 28006.Madrid- España
Teléfono: 91.431.18.36 91.431.18.92
b) Oficinas municipales de informacion al consumidor (o.m.i.c.)
(and Direcciones Generales de Consumo)
The OMIC exist in most Town halls and are not listed therefore. As well as the "Direcciones Generales de Consumo" (organised by the Regional Governments, ) they process claims presented by individual consumers and mediate in order to reach an agreement between the consumer and the corresponding company. In most of them you will find a form you can fill in order to explain your case. Usually this procedure is free of cost for the consumer but you may have to pay for any additional costs.
The claim may initiate an administrative procedure that may lead to administrative sanctions in case the relevant agencies consider that there may be an infringement of law.
c) Juntas Arbitrales de Consumo
The consumer may also contact the Juntas de Consumo. Because of its voluntary nature this procedure will probably not be adapted to most of the practices described in the guide. The Junta Arbitral Nacional de Consumo, will only intervene in those claims presented by Consumers’ Associations and when the controversy has implications in the scope of different Regions (Comunidades Autónomas).
As there are Juntas Arbitrales de Consumo in many municipalities and also in the Regions (Comunidades Autónomas), it should be taken into account that the consumer should address in fist instance:
1.- To the Junta Arbitral of its own domicile.
2.- The Junta Arbitral that will be handling the claim will be the one that has an more reduce scope of action, taking in consideration its geographic area.
3.- Of course if both the consumer and the company decide to submit themselves to a particular Junta de Arbitral, this will be the one that will study the case.
Finally, in order to start a procedure before any Junta Arbitral de Consumo the company the consumer is claiming against be included in List of companies that have accepted such arbitration (Censo de Empresas adheridas al sistema), since the submission to this arbitration is voluntary.
Junta Arbitral Nacional de Consumo
Príncipe de Vergara, 54 28006 MADRID
Tfno: 91/431.18.36- 91/431.82.25
Fax: 91/578.03.69
d) Consumer Groups.
- asociaciones de consumidores de ambito nacional
There are many different consumer groups. They can offer information, advice and assistance in contacting the other party and trying to find a solution.
Asociacion general de consumidores. ASGECO
Plaza Navafria, 3 B-28027 MADRID
Tlf: 914053611 Fax 914053997
Asociacion para la defensa competencia y proteccion de los Consumidores y usuarios
Gran Via 6-4 - 28013 MADRID
Tlf. 915247500
Confederacion de consumidores y usuarios. CECU
Cava Baja 30 escalera secundaria - 28005 MADRID
Tlf. 913640276 Fax 913669000
Confederacion de consumidores y vecinos. CAVE
Ctra. De Canillejas-Vicalvaro 82-4 - 28022 MADRID
Tlf. 913240267 Fax 913240050
Confederacion española de cooperativas consumidroes y usuarios. HISPACOOP
Vallehermoso 15 - 28015 MADRID
Tlf 915930935 Fax 915931814
Confederación española de cooperativas consumidores y usuarios. HISPACOOP
Via Laietana 59 - 3 1 8003 BARCELONA
Tlf. 933172521 Fax 934125657
Confederacion española organ. amas-c. consumidores y usuarios. CEACCU
San Bernardo 97-99 2F Edificio Colomina - 28015 MADRID
Tfl. 915945089 Fax 915945124
Federacion de usuarios y consumidores independientes. FUCI
Joaquín Costa, 61 - Entreplanta Dcha. - 28902 MADRID
Tlf. 915640118 Fax 915628355
Federacion union civica nac. consumidores y amas-h. de España. UNAE
Villanueva 8 - 3 - 28001 MADRID
Tlf. 915757219 Fax 915751309
Fundacion ciudadano
Atocha 26-3 Izd. 28012 MADRID
Told 913691287 Fax 913690827
Organizacion de consumidores y usuarios. 0CU
Milán 38 - 28028 MADRID
Tlf. 913000045 Fax 913887372
Union de consumidores de España, UCE
Silva 6 - 4 B - 28013 MADRID
Tlf. 915484045 Fax 915480010
Union nac. de cooperativas de consumidores y usuarios de España
Plaza Navafria, 3 bajos - 28027 MADRID
Tlf. 914053611 Fax 914053997
a) Your local consumer advice bureau
To file a complaint go to your local consumer advice bureau. On www.kov.se, you will find the address to your local consumer advice bureau. The local consumer advice bureau offers counsel and help to consumers, free of charge. The local consumer advice bureau can also assist you with guidelines on where to turn if the office can not help you with your problem.
b) Konsumentverket
Rosenlundsgatan 9, 118 97 Stockholm, phone:+46 (0)8-429 05 00, for further assistance.
The Swedish Consumer Agency (Konsumentverket) is a state agency whose task is to help the Swedish general public with consumer affairs. The Swedish Consumer Agency's main fields of work relate to advertising and contract terms, consumer information and education, domestic finances, product safety, quality and environmental impact.
The Konsumetverket, on a direct complaint from you, or on a complaint sent through your local consumer bureau, can:
The Konsumetverket can assist you in a court action if the case is significant for consumer protection.
c) Allmänna reklamationsnämnden
Box 174, 101 23 Stockholm,
phone: +46 (0)8-783 17 00,
The National Board for Consumer Complaints (ARN) is an independent, public body. The Board's main task is to try consumer disputes by giving impartial decisions, free of charge. The decisions are drawn up as recommendations and are not legally binding. However, most businessmen comply with the Board's recommendations. Some of them are under an obligation to do so, through their trade organisations.
The ARN can be helpful if you want compensation or other sort of remedies from the business. It can rule in your favour and award you compensation ; Its decisions, however are not binding. The business must agree to accept the decision.
a) Institute of Trading Standards Administration (ITSA)
3-5 Hadleigh Business Centre
351 London Road
Hadleigh
Essex 5ST 2BT
Tel: 01702 559922.
Website: www.tradingstandards.gov.uk
Trading standards departments are run by local authorities and have powers to investigate complaints about false or misleading descriptions or prices, and the safety of consumer goods. If necessary they will exercise their powers of prosecution. They will often advise on everyday shopping problems. Some trading standards departments run consumer advice centres near main shopping areas which offer advice and information to shoppers and traders, and deal with problems and complaints.
- If you wish to check the validity of a company advertising "work at home" schemes, or if you are the victim of a bogus homeworking scheme, for advice and guidance, you should contact:
b) National Group on Homeworking (NGH)
Office 26
30-38 Dock Street
Leeds LS10 1JF
Email:homeworking@gn.apc.org
Website: www.gn.apc.org/homeworking
The NGH have no authority to investigate complaints. They simply gather information and pass it on to the relevant authorities.
- If you wish to obtain information or lodge a complaint concerning education/ training, you should contact:
c)The Department For Education and Employment
Sanctuary Buildings
Great Smith Street
London SW1P 3BT
Tel: 0207 925 5000
Fax: 0207 925 6000
Public enquiries: 0870 000 2288
Minicom: 0207 925 6873
Email: info@dfee.gov.uk
To investigate complaints concerning educational institutions that are either public or publicly funded.
- To obtain useful leaflets giving information and advice on consumer protection/ trading practices, you should contact:
d) Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London EC4Y 8JX
Tel: 020 7211 8000
Fax: 020 7211 8800
Website: www.oft.gov.uk
The OFT is a government department whose aim is to protect customers by ensuring that trading practices are fair. The OFT issues licences to traders who give credit, and keeps a register of licensed credit dealers. The OFT cannot help an individual customer with a consumer problem, but will provide useful information on how to enforce your consumers rights.
Also:
e) Department of Trade and Industry
DTI Enquiry Unit
1 Victoria Street
London SW1 0ET
Tel: 020 7215 6205
Fax: 020 7215 0339
Website: www.dti.gov.uk
The DTI is responsible for enforcing a number of Acts and Regulations and has the power to prosecute offenders under the law. It cannot, however, give advice on individual schemes or intervene in civil or contractual disputes.
- For further general information, you should contact:
f) The National Consumer Council
Legal Dept.
20 Grosvenor Gardens
London SW1W 0DH
Tel: 0207 730 3469
And also:
g) Your local citizen advice bureau
- For details of your nearest Citizens Advice Bureau, contact:
National Association of Citizens Advice Bureau (NACAB)
115-123 Pentonville Road
London N1 9LZ
Tel: 0207 833 2181
If you wish to lodge a complaint concerning advertisements you should contact:
h) The Advertising Standards Authority
Brook House
2 Torrington Place
London WC21E 7HW
Tel: 020 7580 5555
Fax: 020 7631 3051
Website: www.asa.org.uk
A.S.A. will investigate complaints concerning misleading or deceitful advertising and try to stop the advertising campaign through self-regulation and in extreme cases refer the matter to the public authorities for prosecution.
- If you are concerned that a company is not legitimate or to obtain detailed information on a company, you should contact:
i) Companies Registration Office
Companies House
Crown Way
Maindy, Cardiff
Cymru
Telephone: 01222 380801
To obtain further advice, you can also seek the advice of a solicitor. Some solicitors work in law centres or advice agencies which offer free legal advice. Your local Citizens Advice Bureau can help find a solicitor who participates in the scheme.