	Latin American Consumer Guide 2024
	Anguilla
	(Latin America/Caribbean) Firm Webster LP Contributors Nina Rodriguez
What is the applicable legal regime addressing consumer protection in your jurisdiction?	Anguilla has a conventional Sale of Goods Act, but currently no comprehensive policy or legal framework exists that addresses consumer rights and protections.
What is the definition of a consumer?	Under the Sale of Goods Act 2000 a Buyer means a person who buys or agrees to buy goods. A Consumer is not defined.
What goods and services are covered by consumer protection legislation in your jurisdiction?	Under the Sale of Goods Act 2000, "Goods" includes all chattels personal other than things in action and money. The term includes emblements, industrial growing crops and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale. There are no specific provisions governing the supply of services and consumer protection. Common law principles will generally govern contracts for services.
Do the applicable regulations provide a list of consumer rights?	Yes, there is no comprehensive list of consumer rights within the legislation however the Sale of Goods Act 2000 includes the following provisions in relation to consumer rights (not an exhaustive list): Section 14 – Implied undertakings as to title, etc. Section 15 - Sale by description Section 16 – Implied conditions as to quality or fitness Section 18 - Goods must be ascertained Section 19 - Property passes when intended to pass Section 31 – Delivery of wrong quantity Section 35 – Buyer's right of examining the goods
Do the applicable regulations provide a list of consumer duties?	No, there is no list of consumer duties within the applicable regulations. Section 28 of the Sale of Goods Act 2000 states: it is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?	No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.
Is there any alternative or special regime depending on the type of good or service?	No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.
What is the minimum information required to be provided to the consumer with respect to goods?	Not applicable under the Anguilla legislation. Pursuant to Section 14 of the Sale of Goods Act 2000, there is an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods.
Is there a general warranty for products and/or services?	No, there is no general warranty for products and/or services under the legislation, however Section 16 of the Sale of Goods Act 2000 sets out instances where there may be an implied warranty or condition as to the quality or fitness of goods. Section 13 of the Sale of Goods Act 2000 states that where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may elect to treat the breach of the condition as a breach of warranty but not as a ground for treating the contract as repudiated.
Are there any products that have a legal warranty different from the general warranty?	N/A
For what reasons could the consumer initiate a complaint regarding a purchased product or service?	Some sellers may have a specific customer complaints procedure, however the legal recourse set out in the Sale of Goods Act 2000 is for a buyer to bring a claim for breach of contract.
Is there a specific judicial action to resolve lawsuits arising from consumer matters?	No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.
If there is no specific judicial action, how does the consumer make a claim?	Under the Sale of Goods Act 2000, buyers may bring a claim for breach of contract.
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.	Under the Sale of Goods Act 2000, buyers may bring a claim for breach of contract and may seek the following: Damages for non-delivery Court Order for specific performance Remedy for breach of warranty
Can consumer issues lead to class actions?	No.
How often does this occur?	Not applicable.
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.	The seller.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?	N/A
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment	N/A
Does the legal regime regulate safety campaigns or product recalls?	N/A
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?	N/A
Are there any special regulations on e-commerce?	N/A
What types of e-commerce platforms are regulated by your legislation? List and define them.	N/A
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.	N/A
Is this regime applicable for the purchase and sale of crypto assets?	No.
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?	No.
Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?	No. There are no regular updates to the legislation.

Latin American Consumer Guide 2024

Back XLS

What is the applicable legal regime addressing consumer protection in your jurisdiction?

Anguilla has a conventional Sale of Goods Act, but currently no comprehensive policy or legal framework exists that addresses consumer rights and protections.

What is the definition of a consumer?

Under the Sale of Goods Act 2000 a Buyer means a person who buys or agrees to buy goods. A Consumer is not defined.

What goods and services are covered by consumer protection legislation in your jurisdiction?

Under the Sale of Goods Act 2000, "Goods" includes all chattels personal other than things in action and money. The term includes emblements, industrial growing crops and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale. There are no specific provisions governing the supply of services and consumer protection. Common law principles will generally govern contracts for services.

Do the applicable regulations provide a list of consumer rights?

Yes, there is no comprehensive list of consumer rights within the legislation however the Sale of Goods Act 2000 includes the following provisions in relation to consumer rights (not an exhaustive list):

Section 14 – Implied undertakings as to title, etc.
Section 15 - Sale by description
Section 16 – Implied conditions as to quality or fitness
Section 18 - Goods must be ascertained
Section 19 - Property passes when intended to pass
Section 31 – Delivery of wrong quantity
Section 35 – Buyer's right of examining the goods

Do the applicable regulations provide a list of consumer duties?

No, there is no list of consumer duties within the applicable regulations. Section 28 of the Sale of Goods Act 2000 states: it is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.

Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?

No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.

Is there any alternative or special regime depending on the type of good or service?

No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.

What is the minimum information required to be provided to the consumer with respect to goods?

Not applicable under the Anguilla legislation. Pursuant to Section 14 of the Sale of Goods Act 2000, there is an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods.

Is there a general warranty for products and/or services?

No, there is no general warranty for products and/or services under the legislation, however Section 16 of the Sale of Goods Act 2000 sets out instances where there may be an implied warranty or condition as to the quality or fitness of goods.

Section 13 of the Sale of Goods Act 2000 states that where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer
may elect to treat the breach of the condition as a breach of warranty but not as a ground for treating the contract as repudiated.

Are there any products that have a legal warranty different from the general warranty?

N/A

For what reasons could the consumer initiate a complaint regarding a purchased product or service?

Some sellers may have a specific customer complaints procedure, however the legal recourse set out in the Sale of Goods Act 2000 is for a buyer to bring a claim for breach of contract.

Is there a specific judicial action to resolve lawsuits arising from consumer matters?

No, there is no comprehensive policy or legal framework exists that addresses consumer rights and protections.

If there is no specific judicial action, how does the consumer make a claim?

Under the Sale of Goods Act 2000, buyers may bring a claim for breach of contract.

What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.

Under the Sale of Goods Act 2000, buyers may bring a claim for breach of contract and may seek the following:

Damages for non-delivery
Court Order for specific performance
Remedy for breach of warranty

Can consumer issues lead to class actions?

No.

How often does this occur?

Not applicable.

Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.

The seller.

Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?

N/A

What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment

N/A

Does the legal regime regulate safety campaigns or product recalls?

N/A

Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?

N/A

Are there any special regulations on e-commerce?

N/A

What types of e-commerce platforms are regulated by your legislation? List and define them.

N/A

Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.

N/A

Is this regime applicable for the purchase and sale of crypto assets?

No.

Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?

No.

Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?

No. There are no regular updates to the legislation.

Latin American Consumer Guide 2024

Anguilla

Latin American Consumer Guide 2024

Anguilla

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