On April 29th, 2024, the Federal Competition and Consumer Protection Commission (FCCPC) announced that it was considering sanctions against an Abuja-based Chinese supermarket accused of discriminatory practices against Nigerian shoppers.
According to Punch report, the supermarket, owned by Ms. Liu Bei, allegedly restricted entry to only Chinese nationals and labeled their products in Yuan, the Chinese currency.
Subsequently, The incident sparked outrage among Nigerian consumers and raised concerns about fair treatment in the marketplace. Consequently, The FCCPC responded swiftly, launching an investigation and confirming the allegations of discrimination
In the supermarket incident, the FCCPC considered a fine of N10 million or 10% of the supermarket’s annual turnover.
Background
The internet has revolutionized the way we live, work, and shop. Gone are the days of limited product selection and geographical constraints. Today, the convenience of online shopping, also known as e-commerce, has transformed consumer behavior across the globe.
Nigeria, with its growing internet penetration and a youthful, tech-savvy population, has witnessed a significant boom in e-commerce activity. However, this surge in online shopping presents both opportunities and challenges for Nigerian consumers.
While e-commerce offers a wider variety of products at potentially competitive prices, the virtual nature of transactions can sometimes lead to disputes.
Unforeseen issues like late deliveries, defective products, or misleading advertising can leave consumers feeling frustrated and powerless.
Understanding your rights as a Nigerian online shopper is crucial for navigating the e-commerce landscape with confidence and ensuring a positive shopping experience.
This explainer covers the legal framework protecting Nigerian consumers in the digital age. We will also explore the Federal Competition and Consumer Protection Act (FCCPA) 2018, analyze your rights as a consumer, and empower you with effective strategies for resolving online shopping disputes.
The Legal Framework: Understanding the FCCPA 2018
The Federal Competition and Consumer Protection Act (FCCPA) 2018 serves as the cornerstone of consumer protection in Nigeria. Established by the Federal Competition and Consumer Protection Commission (FCCPC), the FCCPA aims to:
- Promote a fair and competitive market environment for businesses.
- Protect and safeguard the interests of Nigerian consumers.
- Ensure businesses operate with transparency and ethical practices.
The FCCPC’s core functions encompass
Enforcing the provisions of the FCCPA 2018: The FCCPC actively investigates suspected violations of consumer rights as outlined in the Act and takes necessary actions against businesses that infringe upon them (Section 146, FCCPA 2018).
Promoting Consumer Awareness: The FCCPC plays a crucial role in educating consumers about their rights and empowering them to make informed choices in the marketplace (Section 4(a)(ii), FCCPA 2018). They achieve this through various initiatives such as workshops, publications, and maintaining a user-friendly website with informative resources.
Addressing Consumer Complaints: As discussed previously, the FCCPC provides multiple channels for consumers to file complaints regarding online shopping issues or any violation of their consumer rights (Section 143(1), FCCPA 2018). They offer a dedicated Consumer Portal, a contact center, and physical offices for walk-in complaints.
Facilitating Dispute Resolution: The FCCPC actively promotes alternative dispute resolution (ADR) mechanisms like ODR (Online Dispute Resolution) for faster and more cost-effective resolution of consumer disputes (Section 144(1)(b), FCCPA 2018).
Understanding the key provisions of the FCCPA empowers you as a consumer to make informed choices and hold businesses accountable for their actions. Here’s a breakdown of some key consumer rights enshrined in the FCCPA 2018:
Right to Information (Section 110): This section mandates businesses to provide clear and unambiguous descriptions of their products and services. This includes accurate information about features, functionality, and any potential limitations. Businesses are encouraged to utilize plain language and visuals like images or videos to enhance clarity.
Right to Disclosure of Prices (Section 115(2)): When displaying goods for sale, the vendor’s responsibility is to ensure the price is adequately displayed (Section 115(2)). This section further clarifies that “adequately displayed” means using the currency of the Federal Republic of Nigeria, displayed in writing, stamps, or annexed to the goods or covering of the goods or services.
Right to Accurate Labeling (Section 132):
The FCCPA prohibits any undertaking from knowingly applying to goods a trade description that is likely to mislead consumers in regard to any matter implied or expressed in the trade description (Section 132). This section also outlaws altering or obscuring existing labels in a way calculated to mislead consumers.
Disclosure of Second-Hand Goods (Section 119): When purchasing a product online, it’s important to understand its condition. The FCCPA requires businesses selling used or refurbished goods to disclose this information clearly. This enables consumers to make informed choices about the product’s value and suitability for their needs.
Right to Sales Record (Section 118): Upon completing a transaction, Section 118 grants consumers the right to receive a written record from the vendor. This record should act as a proof of purchase and can be a receipt or an invoice. The details outlined in the section include the vendor’s name or registered business name, address, date of transaction, product description or name, unit price and quantity, total price before tax, amount of tax, and total price including taxes.
Freedom of Choice (Section 123): This section protects consumers from being pressured into purchasing additional goods or services as a condition of buying something else. The Act states that an undertaking shall not require, as a condition of offering to supply or supplying any good or service, or as a condition of entering into an agreement or transaction, that a consumer shall buy any good or service from that undertaking or a third party unless the vendor can demonstrate that such condition would be of convenience or benefit to the customer
Right to Cancel Advance Orders (Section 120): Circumstances can change, and you might need to cancel an online order before it’s shipped. The FCCPA grants you the right to cancel advance bookings or orders, subject to a reasonable cancellation fee imposed by the seller.
Right to Inspect Goods (Section 114): For certain online purchases, you might not have the opportunity to physically examine the product before buying. However, when goods are displayed openly by a seller (e.g., at a pick-up point), the FCCPA grants you the right to inspect the item before completing the purchase.
Matching Descriptions and Samples (Section 114): This section protects consumers from receiving products significantly different from what was advertised. The FCCPA ensures that delivered goods in all material respects and characteristics, correspond to what an ordinary alert consumer would have been entitled to expect based on the description, or on a reasonable examination of the sample
Right to Return Unsuitable Goods (Section 122(1)(a)): This is a crucial right for online shoppers! Imagine purchasing a fitness tracker online, only to discover it malfunctions upon arrival. The FCCPA empowers you to return delivered goods within a reasonable timeframe if they are unfit for their intended purpose, as communicated to the seller at the time of purchase. This highlights the importance of clear communication during the shopping process. You can also return goods that don’t match the description, sample, or the type and quality you reasonably expected based on the sales agreement.
Right to Fair Dealings (Section 134): The online shopping experience should be free from harassment or pressure. The FCCPA prohibits businesses and their representatives from using aggressive tactics like coercion or intimidation while marketing, supplying, or negotiating the sale of goods and services. This also extends to the debt collection process, ensuring a level of respect for the consumer.
Protection from Misrepresentation (Section 133): Deceptive advertising practices can be misleading and detrimental to consumers. The FCCPA safeguards you from false or deceptive information about products or services. Businesses cannot intentionally mislead you with inaccurate claims or manipulate your purchasing decisions through misleading marketing strategies.
Right to Quality Goods and Services (Section 112): As a consumer, you have the right to expect products that are suitable and durable for their intended purpose. This applies to both physical goods and services rendered. Suppose a seller delivers a defective product or fails to perform a service with competence. In that case, the FCCPA empowers you to demand a remedy, such as a repair, replacement, or refund.
Read also: Tinubu sacks Consumer protection boss
How to resolve online shopping dispute
Despite the legal framework established by the FCCPA, disputes between online shoppers and businesses can still arise. Here are some effective strategies for resolving online shopping disputes in Nigeria:
Direct Communication: Often, the simplest solution is to address the issue directly with the seller. A clear and concise email outlining the problem and your desired resolution demonstrates your willingness to find a solution collaboratively. Many businesses prioritize customer satisfaction and will work towards a fair resolution to retain your future business.
The FCCPC Consumer Portal: The FCCPC provides a dedicated Consumer Portal for filing complaints against businesses that violate consumer rights. This online platform streamlines the process of lodging a formal complaint with the commission. By providing clear details about the issue, including evidence like screenshots or order confirmations, you can strengthen your case and expedite the resolution process.
The FCCPC offers multiple avenues for filing a complaint:
Online Consumer Portal: The FCCPC website features a dedicated Consumer Portal. This user-friendly platform allows you to register, lodge your complaint electronically, and attach relevant supporting documents like screenshots of product descriptions, order confirmations, or email exchanges with the seller.
Contact Center: The FCCPC operates a contact center reachable via phone at 08056002020 or 08056003030. Representatives can guide you through the complaint filing process and answer any questions you might have.
Walk-in Complaint: For those who prefer face-to-face interaction, you can visit the FCCPC headquarters at 23 Jimmy Carter Street, Asokoro, Abuja, or any of their zonal offices located across Nigeria.
Email: You can also submit your complaint via email. Ensure your email clearly outlines the issue, includes your contact information, and attaches any relevant documentation.
What You Can Complain About
The FCCPC addresses a wide range of consumer protection concerns. Here are some common issues you can file a complaint about if you encounter them during online shopping:
- Misrepresentation of Products: Products not matching their descriptions, specifications, or images advertised by the seller.
- Defective Goods: Receiving faulty or damaged products upon delivery.
- Non-Delivery of Goods: Failure of the seller to deliver the purchased goods within the promised timeframe or at all.
- False Advertising: Deceptive or misleading marketing practices employed by online sellers.
- Refusal to Accept Returns: Sellers refusing to accept the return of unsuitable goods within a reasonable timeframe.
- Unauthorized Charges: Unexpected or unauthorized debits to your account related to online purchases.
- Privacy Violations: Concerns regarding the handling of your personal information by online businesses.
Preparing a strong complaint
For a successful complaint, it’s crucial to present a clear and concise account of the issue. Here’s what to include in your complaint:
Your Contact Information: Name, address, phone number, and email address.
Details of the Seller: Name of the online store, website address (URL), and any other relevant contact information.
A Clear Description of the Issue: Provide a detailed explanation of the problem encountered, including dates and timelines.
Supporting Documentation: Attach any relevant evidence like screenshots, order confirmations, emails, product descriptions, or receipts to strengthen your case.
Desired Outcome: Clearly state what you wish to achieve through the complaint process. This could be a refund, repair, replacement of the product, or an apology from the seller.
By following these guidelines and utilizing the available complaint channels, you can effectively address online shopping issues with the FCCPC’s support.
Consumer Advocacy Groups: Nigeria has a growing number of consumer advocacy groups dedicated to protecting consumer rights and empowering individuals. Organizations like the Consumer Advocacy Foundation of Nigeria (CAFON) offer valuable resources and guidance on navigating the complaint process. They can assist you in drafting compelling complaints and liaise with businesses or relevant authorities on your behalf.
Seeking Legal Counsel: In cases involving significant financial loss or unresolved disputes, a legal consumer protection specialist might be necessary. A lawyer can advise you on your legal rights, represent you in court proceedings, and help you navigate the complexities of the legal system. While legal action should be a last resort due to potential costs, it can be crucial in protecting your rights.
Here are some key takeaways to empower yourself as a Nigerian online shopper:
Know Your Rights: Familiarize yourself with the key provisions of the FCCPA 2018 and understand your rights as a consumer. This empowers you to make informed choices and hold businesses accountable for their actions.
Be a Smart Shopper: Always research sellers before making purchases online. Read reviews, compare prices, and choose reputable retailers with clear return policies.
Scrutinize Product Descriptions: Pay close attention to product descriptions, specifications, and warranty information. Ensure the information aligns with your expectations and needs.
Maintain Records: Keep copies of order confirmations, emails, and receipts as evidence in case of any disputes. This documentation strengthens your case and facilitates the resolution process.
Speak Up: Don’t hesitate to voice your concerns directly to the seller if you encounter an issue. Clear communication is often the first step towards resolving a dispute.
Utilize Available Resources: leverage available resources, such as the FCCPC Consumer Portal, consumer advocacy groups, and legal counsel if necessary.
