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Consumer protection

Car salesman convicted for selling 'clocked' car

The National Consumer Agency also issued compliance notices to Ryanair and Aer Lingus for failing to provide an email address on their website.

A DUBLIN TRADER who sold a ‘clocked’ car was convicted for his actions last year, resulting in €3,500 compensation for the buyer.

The National Consumer Agency has published its consumer protection list for the months July – December 2013, which shows that it not only secured the above conviction, but also:

  • Issued compliance notices to Ryanair and Aer Lingus for failing to provide an email address on their website.
  • Took a further 58 enforcement actions against a range of businesses.

The NCA secured the conviction of the Dublin car salesman, Nigel Brophy, who was trading at Service Point Autos, Greenhills Road, Tallaght, over the sale of a clocked car, securing a compensation order of €3,500 on behalf of the consumer.

The enforcement actions were against traders in relation to misleading pricing and breaches of price display legislation, such as charging consumers more than price displayed, or failing to display product prices.

Karen O’Leary, Chief Executive of the NCA, said that the latest consumer protection list “shows that traders need to comply with consumer protection law and if they do not, the agency will take enforcement action up to, and including, prosecution.”

She said that the complaints the NCA receives from consumers “help the agency to shine a light on areas where traders are engaging in unfair commercial practises such as car clocking”.

When it came to the compliance notices issued to both Ryanair and Aer Lingus – which were for failing to provide an email address on their websites through which people could contact the airlines rapidly and in a direct and effective manner – the NCA viewed this as a contravention of e-commerce legislation.

This particular legislation imposes a direct obligation on traders providing an e-commerce service, including airlines, to provide consumers with an email address.

In addition, 14 compliance notices were issued to retailers nationwide by the National Consumer Agency.

These notices were issued to traders who charged more for consumer goods than the price displayed. Plus, 44 fixed payment notices – which required a payment of €300 per notice – were issued to traders who were in breach of price display legislation.

Read: Ryanair publishes complaints email address after NCA action>

Read: ‘Clocking’ car mileage could be banned in Ireland>

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