The NSW Department of Fair Trading (Fair Trading) provides some free information on your rights or responsibilities in regard to consumer laws, and using their services can be a cost effective way to resolve your consumer disputes. There are however, certain circumstances where you may require the services of a lawyer, such as:

• where the goods are not covered by Consumer Protection laws;
• where you require legal assistance as to the drafting of a claim; or
• where you require advice in regard to proceedings (whether in the Consumer, Trader & Tenancy Tribunal or in another Court or Tribunal).

If you are a consumer, the steps below may help you resolve a problem.

Contact the seller or service provider to explain the problem and the outcome you want. In many cases, a simple phone call or visit can fix the problem. It can be a good idea to formally put your concerns in writing - that way, the seller is clearly aware of the problem and what you want and you also have a record of your contact. A letter or email of complaint may:

• explain the problem;
• explain the outcome you want;
• outline the steps you may take if you and the seller cannot resolve the problem; and
• ask for a response within a reasonable time - for example 2 weeks or 10 business days.

Contact Fair Trading, the Australian Competition and Consumer Commission (ACCC) or another third party. Fair Trading and the ACCC can give you information about your consumer rights and obligations and suggest possible courses of action you might take. They can also investigate and take action on behalf of affected consumers when a seller or manufacturer fails to meet obligations under certain consumer guarantees.

Take legal action. You may be entitled to take your complaint to a small claims court or tribunal. For disputes involving larger sums of money, you may want to discuss the claim with a lawyer before commencing a legal action.

If a complaint is made against your business, it is important you do not ignore it. Fair Trading or ACCC may contact you about the complaint and investigate it. It is wise to ascertain the facts of what happened, especially if the incident or situation does not directly involve you but a member of your staff, before making any statement. If you have actually broken the law, you should be prepared to offer compensation and ensure that the conduct isn't repeated by making any necessary changes to your operations and/or procedures however, no admission should be made in this regard without first obtaining legal advice as the liability may be great and your insurance cover can be adversely affected.

Tips for compliance:

• Make sure you and your staff are fully aware of your rights and responsibilities under the Australian Consumer Law;
• Try to resolve any complaints quickly and fairly;
• Make sure to assess these complaints and put actions in place to remedy a repeat of any such situation. We find that many clients benefit from us reviewing and their Terms of Trade or their Conditions of Sale to overcome problems that they may have experienced with customers so they are less likely to occur again.

The ACCC can take legal action and impose fines against a business or its officers where the Consumer Law has been breached. We can also negotiate settlements to prevent any adverse determinations or penalties.

We have experience in advising both consumers and businesses on all aspects of Consumer Law. Call one of our Commercial Lawyers for free initial telephone advice on your circumstances on (02) 9525 8688.