Consumers often encounter issues with products or services they have purchased. These problems can cause stress and confusion, making it difficult to know the best steps for resolution. Having a good understanding of consumer rights and available redress mechanisms is key to resolving conflicts effectively.
Know your legal rights
When a consumer faces a problem with a purchase, the first step is to gather all necessary information about their legal rights. This ensures that the complaint is valid and that the desired solution is reasonable. When in doubt about their legal rights, consumers can contact the Office for Consumer Affairs at the MCCAA for guidance and assistance.
Communicate with the trader
The next step is to contact the company or seller from whom the product or service was bought. This initial communication can be informal, such as making a phone call or sending a message. It is essential that during this interaction, consumers clearly explain the problem and specify the desired solution. It is crucial that throughout this process, consumers remain calm and avoid aggressive behaviour, as this may hinder the resolution process.
If the issue is not resolved through verbal communication, the consumer should follow up with a written complaint. For faulty products covered under the two-year legal protection, the written complaint must be sent within two months of becoming aware of the issue. The written communication should include details of the product or service, a brief description of the problem, and the desired remedy. Copies of receipts, sales agreements or guarantees should be attached. Traders should be given at least a week to assess the complaint and provide a solution.
Conciliation process
If the trader does not provide an acceptable solution within the specified time frame, the next step is to file a complaint with the Office for Consumer Affairs. This can be done by filling in the online complaint form on the MCCAA website.
Once the complaint is registered, it will be assigned to a complaints officer who will initiate the conciliation process. The role of the complaint’s handler is to facilitate communication between the consumer and the seller, with the aim of reaching an amicable resolution.
During the conciliation process, both parties are encouraged to cooperate and find a mutually satisfactory solution. The process focuses on resolving the dispute amicably. However, if conciliation is unsuccessful and an agreement cannot be reached, the consumer has the option to escalate the matter further by filing a claim with the Consumer Claims Tribunal. This tribunal serves as a more formal avenue for resolving consumer disputes and can make binding decisions based on the merits of the case.
Alternative Dispute Resolution
Instead of the conciliation process, consumers may opt to resolve their dispute through Alternative Dispute Resolution (ADR). This is an out-of-court mechanism that involves a neutral third party who helps both the consumer and the seller reach a mutually acceptable solution. Unlike traditional conciliation, ADR is often quicker, more flexible, and less formal.
ADR is often quicker, more flexible, and less formal
The key advantage of ADR is its focus on finding a collaborative solution without the need for lengthy legal proceedings. ADR can be particularly beneficial for complex disputes.
ADR is available to consumers throughout the EU, including Malta, with registered ADR entities assisting in settling disputes across different sectors. In Malta, the Complaints and Conciliation Directorate at the Office for Consumer Affairs acts as the country’s residual ADR entity, providing consumers access to out-of-court dispute resolution regardless of the type of purchase or where it was made.
Both the consumer and trader must agree to use ADR, and either party can withdraw at any stage. If a resolution is reached, it is confirmed by a private writing.
For disputes arising from online purchases, the European Online Dispute Resolution (ODR) platform connects national ADR entities across the EU. This platform enables consumers and traders to resolve disputes from online transactions, including domestic purchases, in any official EU language. Maltese consumers can seek assistance from the European Consumer Centre Malta while using the ODR platform.
For more details about the ADR process, consumers can visit the official ADR website. The website provides comprehensive information on how the ADR mechanism works and the steps involved in initiating a case.
If further assistance or clarification is needed regarding the different means of redress mechanisms, consumers can contact the Office for Consumer Affairs by filling in the contact us form on the MCCAA website below.
Odette Vella is director, Information and Research Directorate, MCCAA.