Sellers Violate Consumer Law Due To Deceptive Sales

Sellers use various tactics to lure a prospect into buying their product. However, some sellers are going overboard in convincing a person to commit to buying the product. Deceptive sales violate consumer law. One of the examples of deceptive sales include approaching a prospect and making them believe they have won a prize. The sales clerk will tell you that your name has been randomly selected.

Upon discovering that you have won a prize, it is either you check out what those prizes are or doubts will cloud your thoughts knowing that you have not joined any raffle promo. If you decide to check out your "prizes" you may instantly burst your own bubble knowing that you have fallen prey to deceptive sales. This is because what you thought as the prize you had won was actually a marketing bait. This means that for you to get your prizes, you need to purchase an item from the seller first. There are even instances when the sellers or agents will ask you for your ATM card and its current balance. If this has happened to you, it is a clear violation of consumer law.

Regulation of Sales Acts and Practices

ARTICLE 50.  Prohibition Against Deceptive Sales Acts or Practices. — A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation or fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.  

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from the fact;

e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not;

f)  a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it does not;

i)  the sales act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligations if the indication is false; and

j)  the seller or supplier has a sponsorship, approval, or affiliation he does not have.

Pinoy Attorney

Written by : Pinoy Attorney