A critical analysis of Part VII of the Consumer Affairs Act : was it implemented well?

Abstract

In 2008 a new section in the Consumer Affairs Act namely Part VII was introduced in our law by means of Act II of 2008 which emanated from Directive 2005/29 about unfair commercial practices. This Act was introduced in our law to eliminate unfair commercial practices which may distort economic behaviour and to strengthen the confidence of Maltese consumers in cross-border transactions. Transactions must be regulated and controlled for the benefit of both the consumer and the trader who are involved in the particular transaction It was also implemented in Maltese Law so that whenever a Maltese consumer buys something from another Member State other than Malta, he will be more confident and assured that if there will be any form of abuse in the transaction on the other party's part, he will be fully protected because his rights are safeguarded by the law and he can resort to the remedies which are stipulated under the law itself. Although the Act had a lot of good intentions, it created a lot ambiguities and loopholes in the law. In this thesis I will be analysing the law to see if the Directive was transposed and interpreted well into our law. Moreover, I will be examining its shortcomings and weaknesses and seek to propose improvement and recommendations for the future.