Justice and Consumer
Affairs
Consumer Affairs
Frequently Asked Questions
Commonly
Asked Questions About Vehicles:
Is there a 30-day law that allows me to return a car?
No. There is no law that requires a car dealer, or a seller of any product, to refund your money within 30 days of making a purchase. It is the consumer's responsibility to ask any seller what their return policy is, and further, what type of warranty or guarantee is offered. Based on that information, the consumer can make an informed purchasing decision. For more information on consumer product law, please visit http://law.unb.ca.
Who can I contact regarding vehicle problems?
If you are having a warranty dispute with a dealer regarding a new vehicle, purchased within the last 4 years, you may wish to contact CAMVAP, the Canadian Motor Vehicle Arbitration Plan, at 800-207-0685 or on-line at www.camvap.ca. To obtain information on vehicle recalls, call Transport Canada at 800-333-0371 or contact them on-line via their website www.tc.gc.ca/RoadSafety/Recalls/recintro_e.htm.
I took my car to a garage to have it fixed. When I got it back the problem was
still there. Do I still have to pay them?
Yes. You have to pay them unless you received a guarantee that the work done would be correctly done or your money back. There is no law requiring repair companies to always, "get it right" the first time.Obviously, it would be almost impossible to hold anyone to a perfect standard. A consumer should always ask what kind of guarantee will be on the work they pay for, or what the company offers if they fail to correct the problem the first time the vehicle is seen by the garage. Commonly Asked Questions About Retail Purchases and Refunds:
Most day-to-day consumer transactions are protected by The Consumer Product Warranty & Liability Act, which provides for protection in the case of defective products, non-delivery, etc. This Act also provides for remedy for breach of contract. Please visit Karl Dore's information for consumers at http://law.unb.ca for detailed information and case histories.
Are retailers required to issue a refund on a purchase within 30 days?
No, they are not. All retailers are allowed to set their own store policies regarding refunds, returns, and exchanges. It is important to ask the seller what the store policy is before making a purchase. It is best to get this policy in writing.
Are there any special provisions for electronic transactions, such as Internet
purchases?
At this time, there are not. Once again, please make sure you ask, or on-line, read the seller's refund, return, and exchange policy. With Internet and catalogue orders in particular, find out if you will be responsible for shipping fees on returns.
Is a store required by law to refund a deposit on a product?
No, a seller is not required by law to refund a deposit if you later change your mind. Before leaving a deposit, or a cheque, make sure you intend to purchase the item, particularly on big-ticket items. Never make a deposit without a written contract that contains the seller's policies, and a receipt of your deposit. Commonly Asked Questions About Debt Collection:
Can a collection agency call me at work?
No. The Regulations under the Collection Agencies Act contains a section of prohibited practices that defines the manner in which a collection agency can conduct its activities. A collector or collection agency cannot call you at work without your permission; or contact your friends, family, or neighbours. The Act also prohibits a collector from using threatening, abusive, or coercive language during collection activities.
Does a lender (i.e. finance company) have to disclose how much interest will be
charged on a loan?
Yes. Any lender that is not a bank or trust company must register under the Cost of Credit Disclosure Act. This Act requires the lender to properly disclose the cost of borrowing to the consumer.
How do I get a problem/error on my Credit Report corrected?
One must contact their local credit bureau reporting company, such as Equifax or Trans Union.Both companies have a Consumer Complaints department to help people correct any inconsistencies on their personal files. You may contact the credit bureau at the following addresses: Equifax Canada
Consumer Relations Department
Box 190 Jean Talon Station
Montreal, PQ
H1S 2Z2
1-800-465-7166
Consumer.relations@equifax.com
http://www.equifax.com/EFX_Canada Trans Union Canada
Consumer Relations Centre
Centre PO Box 338 LCD 1
Hamilton, ON
L8L 7W2
1-866-525-0262
Consumer@tuc.ca
http://www.tuc.ca
How long will "bad" credit remain on my Credit Report?
Valid debts can remain on your personal credit file for up to seven years. In New Brunswick, we do not have any legislation regulating credit reporting at this time.
How can I get help if I am having financial difficulties?
Many people experience financial difficulties from time to time. There are many options available, so please be sure to examine which route may be best for you. Credit Counseling Services of Atlantic Canada offers credit counseling across the province. To find a counselor close to you, call 1-888-753-2227 or visit their website at http://www.solveyourdebts.com/en/index_en.php. If you are considering filing for bankruptcy, make an appointment to see a bankruptcy trustee near you. In addition, you may wish to visit Industry Canada's website for the Office of the Superintendent of Bankruptcy at http://strategis.ic.gc.ca/epic/internet/inbsf-osb.nsf/en/h_br00000e.html, or call 613-941-1000. Common Questions regarding Telemarketers:
Many legitimate businesses use the telephone to make their sales, but so do many fraudulent companies. Be a smart shopper, never give your credit card number, bank account number or other personal information to a telemarketer unless you are familiar with the company or organization. Never be pressured into acting immediately, when the offer sounds too good to be true, use caution and common sense. Shop around and compare costs and services.
How can I stop telemarketers from calling me?
To reduce the number of telemarketer calls you receive you can sign up to a Do Not Contact Service which is operated by the Canadian Marketing Association www.the-cma.org/consumer/donotcontact.cfm. This service is free of charge and enables individuals to have their telephone number, and mailing address removed from marketing lists. Not all telemarketers are members of the CMA so this will not eliminate all unsolicited telemarketing calls. This service is valid for three years and applies to calls received by mail, telephone and fax. Common Questions regarding identity Theft:
What exactly is Identity Theft?
A common definition of Identity Theft is when someone uses your personal information, including Social Insurance Number, date of birth, etc. without your knowledge or consent, to commit a crime, such as fraud or theft. An example may be someone stealing your personal information to obtain a credit card in your name, and subsequently make purchases for which you would be liable.
How can I guard against Identity Theft?
It is very important to protect your personal information. Store credit card and bank statements in a secure location, and shred them when you are ready to discard them. If you are going to be away from home, ask a trusted neighbour or friend to collect your mail. Review all financial and bank statements carefully for any irregular activity, and report it to your financial institution immediately. In public, carry as few credit cards with you as possible. Do not give out PIN numbers and be careful that no one is watching you when using InterAc machines or ATM's. Never give out personal information over the telephone. If someone calls claiming to represent your financial institution, ask for a number you can call back to authenticate them. When making on-line purchases, never give your credit card number to a company that you are not familiar with. Look for companies that use security software like PayPal or other encryption techniques to protect your personal information. After completing any on-line transaction, be sure to sign out of the site, and log off of the Internet. As a precaution, order a copy of your credit bureau report at least once per year, to verify the accuracy of the information.
What do I do if I am a victim of Identity Theft?
The first step you should take if you have been the victim of Identity Theft is to contact each of the companies or credit grantors that provided the identity thief with unauthorized credit or purchases. Cancel your credit cards and order replacements. If your government issued identification has also been compromised, contact the issuing agency to request that they cancel the document, and re-issue it immediately. Next, you will need to contact both of Canada's credit bureau reporting agencies, Equifax and Trans Union. Order an up-to-date copy of your credit report, and ask to have a "fraud alert" placed on your file. It is very important that you report this crime to your local police or RCMP. Provide them with all of the data, including dates, amounts and any other pertinent information. Ask to have a signed copy of the police report for your records. Finally, please report the incident to PhoneBusters. This organization collects data on identity theft, and they offer advice and assistance to victims. PhoneBusters may be contacted by calling 1-888-495-8501, or visit their website for information and tips at http://www.phonebusters.com. Senior Section:
This section is specifically for seniors. Unfortunately, in today's world, seniors are frequent targets for many types of scams. The best way to avoid falling prey to one of these scams is to arm yourself with information.
How do I know if I really have won a prize, or a lottery?
If you have not entered a contest, or purchased the ticket yourself, you are likely NOT a winner. If you receive junk mail, or e-mails telling you have won a large prize, but you must send in a "fee" to collect this prize, walk away - this is a scam. No legitimate lottery asks for a payment to claim a prize.
How should I deal with telephone solicitations?
Be very careful of telephone marketing and solicitations. There are many scams that use the telephone to deceive. For example, if you receive a telephone call from someone claiming to represent a charity, and asking for a donation, ask for a telephone number where you can call them back. A legitimate charity will provide this information without hesitation. Meanwhile, contact Canada Revenue Agency at 1-800-267-2384 to verify the status of a charitable organization.
Is it safe to give my personal or financial information over the telephone?
No, it is not. Another popular scam involves people calling pretending to represent your financial institution. In this case, the caller will identify him or herself as a representative of your bank, and state that they are simply "up-dating" your information. They will ask for financial information such as credit card numbers, and personal information including date of birth and Social Insurance Number. This information can then be used to steal your identity to commit crimes such as fraud and theft. Remember, a legitimate representative of your financial institution will never ask for this information over the phone. If you are unsure, ask the caller for a telephone number where you can call him or her back. Then call your financial institution's local branch to verify this number.
Other tips:
In the home: Most scams targeted at seniors occur right at home. Unsolicited salespeople, unethical promoters, home repair contractors, and telephone fraud are all issues that seniors need to be aware of.
If I buy something from a door-to-door salesman and I change my mind, what can
I do? Do I have a "cooling off period?"
Yes. The Direct Sellers Act provides the consumer with a 10-day cancellation right, during which the consumer can cancel the contract for any reason whatsoever. Please note that the consumer must notify the seller of his/her intent to cancel, within the 10 days, preferably in writing, and by registered mail.
What do I do if I notice an advertisement that I believe to be misleading?
If you notice an advertisement that you believe to be misleading, contact Industry Canada's Competition Bureau, at Misleading Advertising 1-800-667-3355. You may also wish to contact the Advertising Standards Board at 514-931-8060.
Who do I contact if I have questions about labels or measurements?
For measurements, such as fuels and weights, contact Measurements Canada Regional Director at 902-426-7837 or via mail at 50 Brown Avenue, Dartmouth, NS B3B 1X8. For packaging or labeling information, contact the Competition Bureau at 1-800-328-6189, or on-line at http://www.competitionbureau.gc.ca.
I am having a problem with my cable company, who can help?
Cable, Radio, television and telecommunications are regulated by the CRTC (Canadian Radio-television and Telecommunications Commission). The CRTC can take your complaints about cable television, radio and telecommunications companies. You many contact them at 1-877-249-2782 or on-line at http://www.crtc.gc.ca/eng/welcome.htm. If you have a complaint about cable television programming, you may contact the Cable Television Standards Council by calling 800-426-4170 or visit them on-line at http://www.crtc.gc.ca/ENG/Library/old_pubs/b305.htm.
How can I tell if a job opportunity or contest is a scam? Who do I report it
to?
The first rule is, if it looks too good to be true, it probably is. Watch out for common scams that offer huge amounts of money to do menial jobs out of your home, or for lotteries or contests that offer large prizes after you send in a "small" fee. For more information, call PhoneBusters at 1-888-495-8501 or visit their website at www.phonebusters.com In addition, the RCMP retains a list of warnings and signs on their website at
www.rcmp-grc.gc.ca/contact/scams_e.htm.
Who do I contact regarding food safety issues?
The federal government of Canada regulates food safety. For information regarding allergy alerts, product recalls, labeling requirements, packaging, and storage you may contact the Canadian Food Inspection Agency's New Brunswick office at 506-452-4964 or visit their website at http://www.inspection.gc.ca/english/toce.shtml.
Where can I obtain information about the safety of products such as household
cleaners and children's toys?
Health Canada, a division of the federal government, has information regarding the safety of many products. For information about the safety of children's toys, household cleaners, pesticides, personal products, recreational and sports equipment, and for advisories and recalls, contact Health Canada at 613-957-2991, by e-mail at info@hc-sc.gc.ca or visit their website at
http://www.hc-sc.gc.ca/cps-spc/contact/index_e.html.
How can I verify the legitimacy of a charitable organization that is asking for
a donation?
A charitable organization is required to register as a charity with the Canada Revenue Agency. You can verify that a charitable organization is registered as a charity by contacting the Canada Revenue Agency at 1-800-267-2384. You may also visit their website for a list of all registered charities, including those registered within the past 12 months, at
http://www.cra-arc.gc.ca/tax/charities/online_listings/charity_listings-e.html.
Is there a 30-day law that allows me to return a car?No. There is no law that requires a car dealer, or a seller of any product, to refund your money within 30 days of making a purchase. It is the consumer's responsibility to ask any seller what their return policy is, and further, what type of warranty or guarantee is offered. Based on that information, the consumer can make an informed purchasing decision. For more information on consumer product law, please visit http://law.unb.ca.
Who can I contact regarding vehicle problems?
If you are having a warranty dispute with a dealer regarding a new vehicle, purchased within the last 4 years, you may wish to contact CAMVAP, the Canadian Motor Vehicle Arbitration Plan, at 800-207-0685 or on-line at www.camvap.ca. To obtain information on vehicle recalls, call Transport Canada at 800-333-0371 or contact them on-line via their website www.tc.gc.ca/RoadSafety/Recalls/recintro_e.htm.
I took my car to a garage to have it fixed. When I got it back the problem was
still there. Do I still have to pay them?
Yes. You have to pay them unless you received a guarantee that the work done would be correctly done or your money back. There is no law requiring repair companies to always, "get it right" the first time.Obviously, it would be almost impossible to hold anyone to a perfect standard. A consumer should always ask what kind of guarantee will be on the work they pay for, or what the company offers if they fail to correct the problem the first time the vehicle is seen by the garage. Commonly Asked Questions About Retail Purchases and Refunds:
Most day-to-day consumer transactions are protected by The Consumer Product Warranty & Liability Act, which provides for protection in the case of defective products, non-delivery, etc. This Act also provides for remedy for breach of contract. Please visit Karl Dore's information for consumers at http://law.unb.ca for detailed information and case histories.
Are retailers required to issue a refund on a purchase within 30 days?No, they are not. All retailers are allowed to set their own store policies regarding refunds, returns, and exchanges. It is important to ask the seller what the store policy is before making a purchase. It is best to get this policy in writing.
Are there any special provisions for electronic transactions, such as Internet
purchases?
At this time, there are not. Once again, please make sure you ask, or on-line, read the seller's refund, return, and exchange policy. With Internet and catalogue orders in particular, find out if you will be responsible for shipping fees on returns.
Is a store required by law to refund a deposit on a product?
No, a seller is not required by law to refund a deposit if you later change your mind. Before leaving a deposit, or a cheque, make sure you intend to purchase the item, particularly on big-ticket items. Never make a deposit without a written contract that contains the seller's policies, and a receipt of your deposit. Commonly Asked Questions About Debt Collection:
Can a collection agency call me at work?
No. The Regulations under the Collection Agencies Act contains a section of prohibited practices that defines the manner in which a collection agency can conduct its activities. A collector or collection agency cannot call you at work without your permission; or contact your friends, family, or neighbours. The Act also prohibits a collector from using threatening, abusive, or coercive language during collection activities.
Does a lender (i.e. finance company) have to disclose how much interest will be
charged on a loan?
Yes. Any lender that is not a bank or trust company must register under the Cost of Credit Disclosure Act. This Act requires the lender to properly disclose the cost of borrowing to the consumer.
How do I get a problem/error on my Credit Report corrected?
One must contact their local credit bureau reporting company, such as Equifax or Trans Union.Both companies have a Consumer Complaints department to help people correct any inconsistencies on their personal files. You may contact the credit bureau at the following addresses: Equifax Canada
Consumer Relations Department
Box 190 Jean Talon Station
Montreal, PQ
H1S 2Z2
1-800-465-7166
Consumer.relations@equifax.com
http://www.equifax.com/EFX_Canada Trans Union Canada
Consumer Relations Centre
Centre PO Box 338 LCD 1
Hamilton, ON
L8L 7W2
1-866-525-0262
Consumer@tuc.ca
http://www.tuc.ca
How long will "bad" credit remain on my Credit Report?
Valid debts can remain on your personal credit file for up to seven years. In New Brunswick, we do not have any legislation regulating credit reporting at this time.
How can I get help if I am having financial difficulties?
Many people experience financial difficulties from time to time. There are many options available, so please be sure to examine which route may be best for you. Credit Counseling Services of Atlantic Canada offers credit counseling across the province. To find a counselor close to you, call 1-888-753-2227 or visit their website at http://www.solveyourdebts.com/en/index_en.php. If you are considering filing for bankruptcy, make an appointment to see a bankruptcy trustee near you. In addition, you may wish to visit Industry Canada's website for the Office of the Superintendent of Bankruptcy at http://strategis.ic.gc.ca/epic/internet/inbsf-osb.nsf/en/h_br00000e.html, or call 613-941-1000. Common Questions regarding Telemarketers:
Many legitimate businesses use the telephone to make their sales, but so do many fraudulent companies. Be a smart shopper, never give your credit card number, bank account number or other personal information to a telemarketer unless you are familiar with the company or organization. Never be pressured into acting immediately, when the offer sounds too good to be true, use caution and common sense. Shop around and compare costs and services.
How can I stop telemarketers from calling me?To reduce the number of telemarketer calls you receive you can sign up to a Do Not Contact Service which is operated by the Canadian Marketing Association www.the-cma.org/consumer/donotcontact.cfm. This service is free of charge and enables individuals to have their telephone number, and mailing address removed from marketing lists. Not all telemarketers are members of the CMA so this will not eliminate all unsolicited telemarketing calls. This service is valid for three years and applies to calls received by mail, telephone and fax. Common Questions regarding identity Theft:
What exactly is Identity Theft?
A common definition of Identity Theft is when someone uses your personal information, including Social Insurance Number, date of birth, etc. without your knowledge or consent, to commit a crime, such as fraud or theft. An example may be someone stealing your personal information to obtain a credit card in your name, and subsequently make purchases for which you would be liable.
How can I guard against Identity Theft?
It is very important to protect your personal information. Store credit card and bank statements in a secure location, and shred them when you are ready to discard them. If you are going to be away from home, ask a trusted neighbour or friend to collect your mail. Review all financial and bank statements carefully for any irregular activity, and report it to your financial institution immediately. In public, carry as few credit cards with you as possible. Do not give out PIN numbers and be careful that no one is watching you when using InterAc machines or ATM's. Never give out personal information over the telephone. If someone calls claiming to represent your financial institution, ask for a number you can call back to authenticate them. When making on-line purchases, never give your credit card number to a company that you are not familiar with. Look for companies that use security software like PayPal or other encryption techniques to protect your personal information. After completing any on-line transaction, be sure to sign out of the site, and log off of the Internet. As a precaution, order a copy of your credit bureau report at least once per year, to verify the accuracy of the information.
What do I do if I am a victim of Identity Theft?
The first step you should take if you have been the victim of Identity Theft is to contact each of the companies or credit grantors that provided the identity thief with unauthorized credit or purchases. Cancel your credit cards and order replacements. If your government issued identification has also been compromised, contact the issuing agency to request that they cancel the document, and re-issue it immediately. Next, you will need to contact both of Canada's credit bureau reporting agencies, Equifax and Trans Union. Order an up-to-date copy of your credit report, and ask to have a "fraud alert" placed on your file. It is very important that you report this crime to your local police or RCMP. Provide them with all of the data, including dates, amounts and any other pertinent information. Ask to have a signed copy of the police report for your records. Finally, please report the incident to PhoneBusters. This organization collects data on identity theft, and they offer advice and assistance to victims. PhoneBusters may be contacted by calling 1-888-495-8501, or visit their website for information and tips at http://www.phonebusters.com. Senior Section:
This section is specifically for seniors. Unfortunately, in today's world, seniors are frequent targets for many types of scams. The best way to avoid falling prey to one of these scams is to arm yourself with information.
How do I know if I really have won a prize, or a lottery?
If you have not entered a contest, or purchased the ticket yourself, you are likely NOT a winner. If you receive junk mail, or e-mails telling you have won a large prize, but you must send in a "fee" to collect this prize, walk away - this is a scam. No legitimate lottery asks for a payment to claim a prize.
How should I deal with telephone solicitations?
Be very careful of telephone marketing and solicitations. There are many scams that use the telephone to deceive. For example, if you receive a telephone call from someone claiming to represent a charity, and asking for a donation, ask for a telephone number where you can call them back. A legitimate charity will provide this information without hesitation. Meanwhile, contact Canada Revenue Agency at 1-800-267-2384 to verify the status of a charitable organization.
Is it safe to give my personal or financial information over the telephone?
No, it is not. Another popular scam involves people calling pretending to represent your financial institution. In this case, the caller will identify him or herself as a representative of your bank, and state that they are simply "up-dating" your information. They will ask for financial information such as credit card numbers, and personal information including date of birth and Social Insurance Number. This information can then be used to steal your identity to commit crimes such as fraud and theft. Remember, a legitimate representative of your financial institution will never ask for this information over the phone. If you are unsure, ask the caller for a telephone number where you can call him or her back. Then call your financial institution's local branch to verify this number.
Other tips:
In the home: Most scams targeted at seniors occur right at home. Unsolicited salespeople, unethical promoters, home repair contractors, and telephone fraud are all issues that seniors need to be aware of.
- Never sign a home repair contract without reading it thoroughly. Seniors are often targets for shoddy or unfinished home repair jobs. Always get several quotes from local, established companies.
- Watch out for door-to-door sellers. While most salespeople offer quality products at fair prices, from time to time there are some less-than honest people out knocking on doors, and they tend to target seniors.
- For any contract that is for more than $100 and results from a door-to-door sales pitch the law provides an automatic 10-day right to cancel.
- Be wary of telephone sales pitches that are labeled "one-time offer" or where the promoter uses high pressure tactics.
- Remember, if it looks too good to be true, it probably is!!
If I buy something from a door-to-door salesman and I change my mind, what can
I do? Do I have a "cooling off period?"
Yes. The Direct Sellers Act provides the consumer with a 10-day cancellation right, during which the consumer can cancel the contract for any reason whatsoever. Please note that the consumer must notify the seller of his/her intent to cancel, within the 10 days, preferably in writing, and by registered mail.
What do I do if I notice an advertisement that I believe to be misleading?
If you notice an advertisement that you believe to be misleading, contact Industry Canada's Competition Bureau, at Misleading Advertising 1-800-667-3355. You may also wish to contact the Advertising Standards Board at 514-931-8060.
Who do I contact if I have questions about labels or measurements?
For measurements, such as fuels and weights, contact Measurements Canada Regional Director at 902-426-7837 or via mail at 50 Brown Avenue, Dartmouth, NS B3B 1X8. For packaging or labeling information, contact the Competition Bureau at 1-800-328-6189, or on-line at http://www.competitionbureau.gc.ca.
I am having a problem with my cable company, who can help?
Cable, Radio, television and telecommunications are regulated by the CRTC (Canadian Radio-television and Telecommunications Commission). The CRTC can take your complaints about cable television, radio and telecommunications companies. You many contact them at 1-877-249-2782 or on-line at http://www.crtc.gc.ca/eng/welcome.htm. If you have a complaint about cable television programming, you may contact the Cable Television Standards Council by calling 800-426-4170 or visit them on-line at http://www.crtc.gc.ca/ENG/Library/old_pubs/b305.htm.
How can I tell if a job opportunity or contest is a scam? Who do I report it
to?
The first rule is, if it looks too good to be true, it probably is. Watch out for common scams that offer huge amounts of money to do menial jobs out of your home, or for lotteries or contests that offer large prizes after you send in a "small" fee. For more information, call PhoneBusters at 1-888-495-8501 or visit their website at www.phonebusters.com In addition, the RCMP retains a list of warnings and signs on their website at
www.rcmp-grc.gc.ca/contact/scams_e.htm.
Who do I contact regarding food safety issues?The federal government of Canada regulates food safety. For information regarding allergy alerts, product recalls, labeling requirements, packaging, and storage you may contact the Canadian Food Inspection Agency's New Brunswick office at 506-452-4964 or visit their website at http://www.inspection.gc.ca/english/toce.shtml.
Where can I obtain information about the safety of products such as household
cleaners and children's toys?
Health Canada, a division of the federal government, has information regarding the safety of many products. For information about the safety of children's toys, household cleaners, pesticides, personal products, recreational and sports equipment, and for advisories and recalls, contact Health Canada at 613-957-2991, by e-mail at info@hc-sc.gc.ca or visit their website at
http://www.hc-sc.gc.ca/cps-spc/contact/index_e.html.
How can I verify the legitimacy of a charitable organization that is asking for
a donation?
A charitable organization is required to register as a charity with the Canada Revenue Agency. You can verify that a charitable organization is registered as a charity by contacting the Canada Revenue Agency at 1-800-267-2384. You may also visit their website for a list of all registered charities, including those registered within the past 12 months, at
http://www.cra-arc.gc.ca/tax/charities/online_listings/charity_listings-e.html.