Consumer law : a historical perspective of the years 1930 to 1994

Abstract

Consumer legislation was inexistant in the 1930s as was the distinction between a consumer and an ordinary buyer. In the Maltese Civil Code, being the oldest law which this disertation made reference to, the consumer as a recognised figure was only present in its absence. Many years had to pass until in 1981 the Consumer Protection Act recognised the consumer not by laying down a definion but by recognising consumers organisations. Prior 1981 the consumer had to find redress in other laws as an ordinary buyer. No specific legislation was enacted and the consumer was deemed to be the passive subject of the law. The 1981 Consumer Protection Act was the first piece of legislation which was enacted specifically to protect consumers by the recognition and the granting of criminal and civil immunity to Consumers' Organisations when issuing bona fide statements. This was the first step in a long journey in consumer legislation albiet such step was seen as a false start. The Trade Description Act 1986 and the Door-to-Door Salesman Act 1987 were two laws which followed suite. The former piece of legislation was intended to protect consumers from misleading or fraudulent advertising of goods and services. The Door-to-Door Salesman Act was a specific legislation to regulate sales conducted in private residences. These two laws were public in nature but history showed that no or few prosecutions were made. 3 In 1994 the Consumer Affairs Act repealed the Consumer Protection Act. This legislation claims to be the basis of todays consumer protection. In 1994 however, it was not that comprehesive in substantive consumer law but provided a structure for a Department, the appointment of a Director, a Council and a Tribunal for the protection of consumers. It also provided a definition of who was a consumer. In spite of the these four pieces of legislation and the recognition of the figure of the consumer, the reality in 1994 has been somewhat short of the rhetoric as can be shown by the systematic analysis of these consumer protection legislation.