The legal regime addressing consumer protection in Trinidad and Tobago comprises several pieces of legislation.

The Consumer Protection and Safety Act Chap. 82:34 is the primary Act which governs the consumer protection regime in Trinidad and Tobago, other applicable Acts include:

1. Hire Purchase Act, Chap. 82: 33;
2. Misrepresentation Act, Chap. 82:35;
3. Sale of Goods Act, Chap. 82:30;
4. Trade Description Act, Chap. 82:04;
5. Unfair Contract Terms Act, Chap. 82:37;
6. Customs Act, Chap 78:01;
7. Food and Drugs Act, Chap 30:01;
8. Pesticides and Toxic Chemicals Act, Chap. 30:03;
9. Pharmacy Board Act, Chap. 29:52;
10. Public Health Ordinance, Chap. 12 No. 4;
11. Standards Act, Chap 82:03; and,
12. Fair Trading Act, Chap. 81:13

Consumers may also be afforded protection under applicable Common Law principles in Trinidad and Tobago and the remedies available in actions related to causes of action such as Breach of Contract and/or Negligence.

Section 2 of the CPSA expressly defines "goods" and "services" to which the legislation applies.

Section 2(1) of the CPSA defines "goods" as "commodities such as are the subject of trade or commerce and includes buildings and other structures, ships, aircraft but does not include electricity."

Section 2(3) of the CPSA provides that" "the supply of services" does not include the rendering of any services under a contract of employment but, with that exception—

1. includes the undertaking and performance for gain or reward of engagements, whether professional or other, for any matter other than the supply of goods; and
2. includes both the rendering of services to order and the provision or services by making them available to potential users, and any reference in those provisions to services supplied, or to be supplied, or to services provided or to be provided, shall be construed accordingly.

Notably, Part IV of the CPSA which pertains to Consumer Safety has a unique definition for goods in relation to the Part IV – Consumer Safety, Part V – Enforcement, and Part VI – Miscellaneous and Supplementary Provisions of the CPSA.

Section 28(1) of the CPSA (Part IV) defines "goods" to include substances whether natural or manufactured and whether or not incorporated in or mixed with other goods and, in relation to a Notice to Warn, includes things comprised in land which by operation of law became land on becoming so comprised but does not include food or drug within the meaning of the Food and Drugs Act."

No, the current legislative framework for consumer protection in Trinidad and Tobago does not provide a list of consumer rights.

Rather, consumers are protected under the general framework provided by section 12 of the CPSA which empowers the Director of Consumer Guidance to take action against consumer trade practices which have the effect, or is likely to have the effect of:

1. misleading consumers as to, or withholding from them adequate information as to, or an adequate record of, their rights and obligations under relevant consumer transactions;
2. otherwise misleading or confusing consumers with respect to any matter in connection with relevant consumer transactions;
3. subjecting consumers to undue pressure to enter into relevant consumer transactions;
4. causing the terms or conditions, on or subject to which consumers enter into relevant consumer transactions, to be so adverse to them as to be inequitable

Further, certain rights, although not expressly listed, can be found within the provisions of the CPSA such as:

Right to Consumer Safety and Information

Section 29(1) CPSA: The Minister may make Regulations containing such provision authorised by subsections (2) and (3) as the Minister considers appropriate for the purpose of securing that goods are safe or that appropriate information is provided and inappropriate information is not provided in respect of goods; and, Regulations in pursuance of this subsection are hereafter in this Act referred to as "Safety Regulations".

Additionally, pursuant to Trinidad and Tobago's Sale of Goods Act Chap. 82:30 ('SGA'), consumers also have rights such as:

Right to Examination of Goods

Section 35. (1) SGA provides that "where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract."

Right to Reject Goods

Section 37 SGA: "Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

Right to Sell to Recover Interest or Special Damages

Section 54 SGA: "Nothing in this Act shall affect the right of the buyer or seller to recover interest or special damages in any case where, by law, interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

The Hire Purchase Act of Trinidad and Tobago Chap. 82: 33 ('HPA') establishes rights for consumers i.e. "hirers" particularly in relation to Hire Purchase Agreements. "Hirer" meaning the person who takes or has taken goods from an owner under a hire-purchase agreement and includes a person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law: Section 2(1) HPA.

The Rights of hirers under the HPA are as follows:

1. Right to Terminate the Hire Purchase Agreement

Section 6.(1) HPA: "A hirer, at any time before the final payment under a hire-purchase agreement falls due, is entitled to determine the agreement by giving notice of termination in writing to any person entitled or authorised to receive the sums payable under the agreement, and at the same time or prior thereto shall deliver the goods to the owner, and, on determining the agreement under this section, is liable, without prejudice to any liability which has accrued before the termination, to pay the amount, if any, due in respect of the hire-purchase price immediately before the termination, or such less amount as may be specified in the agreement.

2. Right to Receive Documentation and Information on Request

Section 8.(1) HPA, "At any time before the final payment has been made under a hire-purchase agreement or credit-sale agreement, any person entitled to enforce the agreement against the hirer or buyer shall, within seven days after he has received a request in writing from the hirer or buyer and the hirer or buyer has tendered to him the sum of twenty-five cents for expenses, supply to the hirer or buyer a copy of any memorandum or note of the agreement, together with a statement signed by the said person or his agent showing—

1. the amount paid by or on behalf of the hirer or buyer;
2. the amount which has become due under the agreement but remains unpaid, and the date upon which each unpaid instalment became due, and the amount of each such instalment; and .
3. the amount which is to become payable under the agreement, and the date or the mode of determining the date upon which each future instalment is to become payable, and the amount of each such instalment.

No, the current legislative framework for consumer protection in Trinidad and Tobago does not provide a list of Consumer Duties. Notwithstanding this, much like Consumer Rights above certain Consumer Duties can be found in the provisions of current legislation which pertain to Consumer Rights and applicable Common Law principles, such as:

Duty to take delivery of goods within a reasonable time.

Section 28 SGA "It is the duty of the seller to deliver the goods, and the buyer to accept and pay for them, in accordance with the terms of the contract of sale"

Further, section 38 SGA provides that: "When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not, within a reasonable time after such request, take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods."

Duty to Mitigate Losses

Where action is undertaken by a consumer for breach of contract or any other cause of action where the consumer's rights may have been infringed (e.g. misrepresentation, negligence…), the consumer is under a common law duty to take all reasonable steps to mitigate losses which arose as a result of breach of contract or otherwise.

As noted above, the Hire Purchase Act of Trinidad and Tobago Chap. 82: 33 ('HPA') establishes regulations for consumers specifically in relation to Hire Purchase Agreements. In relation to Consumer Duties, it is noteworthy that the HPA provides for:

Duty to give Information as to the Whereabouts of Goods

Section 9.(1)HPA Where by virtue of a hire-purchase agreement a hirer is under a duty to keep the goods comprised in the agreement in his possession or control, the hirer shall, on receipt of a request in writing from the owner, inform the owner where the goods are at the time when the information is given or, if it is sent by post, at the time of posting

Yes, having regard to the broad definition of "Consumer" under the CPSA and the equally broad scope of powers afforded to the Director of Consumer Guidance, the Consumer Affairs Division of Trinidad and Tobago can possibly seek to establish jurisdiction in matters where the offeror of the products or services is not located in Trinidad and Tobago.

As noted above, Section 2(2) of the CPSA provides that: "The following applies to the definition of "consumer":

1. it is immaterial whether any person supplying goods or services has a place of business in Trinidad and Tobago or not;
2. any goods or services supplied wholly or partly outside Trinidad and Tobago, if they are supplied in accordance with arrangements made in Trinidad and Tobago, whether made orally or by one or more documents delivered in Trinidad and Tobago or by correspondence posted from and to addresses in Trinidad and Tobago, shall be treated as goods supplied to, or services supplied for, persons in Trinidad and Tobago;

Further, section 4(1) of the CPSA empowers the Director of Consumer Guidance to keep under review the carrying on of commercial activities in Trinidad and Tobago which relate to goods supplied to consumers in Trinidad and Tobago or produced with a view to their being so supplied for consumers in Trinidad and Tobago, and to collect information with respect to such activities, and the persons by whom they are carried on, with a view to his (the Director) becoming aware of and ascertaining the circumstances relating to, practices which may adversely affect the economic interests of consumers in Trinidad and Tobago.

Yes, as the current legislative framework is decentralized there will be special regimes in relation to certain types of goods and services.

For example, there are special provisions which pertain to goods and services purchased under hire purchase agreements. Additionally, there will be special considerations for goods and services related to the Food and Pharmaceutical Industry, Public Utilities and Telecommunications.

There is not an express minimum standard for information required to be provided to the consumer in respect of Goods. Rather, under the laws of Trinidad and Tobago, particularly the Trade Description Act Chap 82:04 ('TDA'), it is an offence for any person in the course of a trade or business to: (a) apply a false trade description to any goods; or (b) supply or offer to supply any goods to which a false description is applied pursuant to section 3(1) TDA.

It is useful to draw on the factors which make up a Trade Description in order to determine what should ideally form the information to be provided to the consumer in order to maintain a level of accuracy as to the description of goods. The factors identified under the TDA are as follows:

1. quantity, size or guage;
2. method of manufacture, production, processing or reconditioning;
3. composition;
4. fitness for purpose, strength, performance, behaviour or accuracy;
5. any physical characteristics not included in paragraphs (a) to (d);
6. testing by any person and results thereof;
7. approval by any person or conformity with a type approved by any person;
8. place or date of manufacture, production, processing or reconditioning;
9. person by whom manufactured, produced, processed or reconditioned; and
10. other history, including previous ownership or use.

Additionally, Section 10(1) of the TDA prescribes that where it appears to the Minister necessary or expedient in the interest of persons to whom any goods are supplied that the goods should be marked with or accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods, the Minister may, subject to this Act, by Order impose requirements for securing that the goods are so marked or accompanied, and regulate or prohibit the supply of goods with respect to which the requirements are not complied with; and the requirements may extend to the form and manner in which the information or instruction is to be given.

The TDA, at Section11. (1) also permits the Minister, to impose requirements as to the inclusion of certain information in the description of advertisements of the goods as may be specified in an Order pursuant to this Act.

Yes, "warranty" has been defined in Section 2 of the SGA as being ' an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated'.

Section 13. (1) SGA Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.

Section 13 (2)SGA Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.

Section 13 (3) SGA Where a contract of sale is not severable, and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract express or implied to that effect.

Section 13(4) SGA Nothing in this section shall affect the case of any condition or warranty, fulfilment of which is excused by law by reason of impossibility or otherwise.

Implied Warranty

Section 14(2) SGA: In a contract of sale, other than one to which subsection (3) applies, there is also an implied warranty that—

1. the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and
2. the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.

Section 14(3) SGA: This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.

Section 14(4) SGA: In a contract to which subsection (3) applies there is an implied warranty that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.

Section 14(5) SGA In a contract to which subsection (3) applies there is also an implied warranty that none of the following will disturb the buyer's quiet possession of the goods, namely:

1. the seller;
2. in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;
3. anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.

Yes, special provision is made in our laws in relation to warranties for Hire Purchase Agreements.

Section 10 (1) HPA provides that: "in every hire-purchase agreement there shall be—

1. an implied warranty that the hirer shall have and enjoy quiet possession of the goods;
2. an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party at the time when the property is to pass;

Depending on the nature of the Complaint, Consumers, if not satisfied with the purchase of a product or service, may opt to:

1. lodge a complaint with the Consumer Protection and Services Unit of the Consumer Affairs Division of Trinidad and Tobago which is responsible for, among other things, the following:
   • Receiving consumers' complaints via e-mail, telephone, walk-in and referrals from regulatory bodies (where necessary complaints received from the CAD are also referred to the relevant regulatory agencies)
   • Investigating and resolving consumer complaints
   • Enforcing laws regulating consumer transactions
   • Providing advice and dispute resolution services; or
2. file a claim for breach of contract and/or negligence to be heard before the Courts of Trinidad and Tobago

No, there is no special Judicial Action to resolve lawsuits arising from consumer matters.

Matters in relation to sale of goods and/or supply of services in Trinidad and Tobago are filed at the Magistrate or High Court of Trinidad and Tobago.

Common Law Position:

As noted above, there is no special judicial action which can be undertaken in relation to consumer matters. Consumer Matters in Trinidad and Tobago are ventilated before the Courts and can take the form of matters grounded in contract and/or tort.

Damages in relation to matters filed for breach of contract are compensatory in nature and aim to compensate the claimant for the loss that that they have sufferance. If the claim being made is grounded in the law of tort i.e. the cause of action arises in negligence, the Claimant may be able to recover punitive damages.

Statutory Position:

The award of Damages for consumer matters is also recognized and expressly provided for in the SGA.

Under the SGA, whether there has been a breach of contract, the measure of damages (for both buyers and sellers) is deemed to be the estimated loss directly and naturally resulting in the ordinary course of events from the breach of contract.

The SGA further provides that where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

The above standard also applies where has been a breach of a warranty.

No, while Class Actions are not provided for in the laws of Trinidad and Tobago, in the event that multiple claims are filed on similar and/or identical facts, the Court may, on application by the Parties or on its own discretion, consolidate proceedings if it determines that it is appropriate to do so.

N/A

There is no law which holds a specific party accountable for Consumer satisfaction.

That said, producers should be sure to produce goods and/or services which meet applicable standards under the laws of Trinidad and Tobago.

Yes, the Consumer Affairs Division is tasked with the responsibility to regulate, monitor and investigate non-compliance with the Consumer Protection Regime.

While the Consumer Affairs Division cannot in and of itself sanction non-compliance with the Consumer Protection Regime, provision is made within the CPSA for the Director of Consumer Affairs (see items 4 and 6 above), the office through which the Consumer Affairs Division is empowered, to bring proceedings against persons before a Summary Court. In these proceedings, on summary conviction, non-compliant persons can be fined and/or imprisoned. There are various stipulated fines and terms of imprisonment throughout the CPSA which varies based on the nature of the non-compliance.

As noted above, the Consumer Affairs Division cannot in and of itself sanction non-compliance with the Consumer Protection Regime.

That said, on summary conviction (before a Court), persons being found to be in breach of the provisions of the CPSA may be fined up to TT$20,000 and to imprisonment for up to 6 months depending on the offence committed.

Yes, the legal regime does provide for safety campaigns. Section 29(1) of the CPSA permits the Minister to make Regulations as the Minister considers appropriate (within certain limits) for the purpose of securing that goods are safe or that appropriate information is provided and inappropriate information is not provided in respect of goods. These regulations are referred to as "Safety Regulations".

Yes, section 31(1) of the CPSA provides the Minister with the power to make Orders to prohibit persons from supplying, or offering to supply, agreeing to supply, exposing for supply or possessing for supply:

1. Any goods which the Minister considers are not safe and which are described in the Orders; and
2. Any goods which are designed to be used as component parts of other goods and which would if so used cause the other goods to be goods to be described in the Orders in pursuance of (i) above.

The above power is not, in the CPSA, restricted from applying to goods marketed abroad and not in Trinidad and Tobago.

No, at present, there are no special regulations in relation to e-commerce. The Electronic Transactions Act of Trinidad and Tobago has only been partially proclaimed and the regulations in relation consumer protection under the said Act is not yet in force.

As noted above, there are no special regulations in relation to e-commerce platforms in Trinidad and Tobago. The various legislation which comprise the Consumer Protection Framework (as outlined in Item 1 above) will apply to all instances of the sale of goods and/or provision of services to consumers whether the said provision or supply is completed via e-commerce platforms or not.

No.

Yes, currently there is no legal framework in Trinidad and Tobago to govern cryptocurrencies, or more specially the purchase and sale of crypto assets. That said, based on the broad definition of "consumer" under the CPSA and the general rights and responsibilities set out in the framework governing Consumer Protection Rights in Trinidad and Tobago, the general Consumer Protection Framework may be applicable to the purchase and sale of Crypto Assets to Consumers in Trinidad and Tobago.

No, there are no provision which deals expressly with the regulating influencers. Notwithstanding this, when advertising products and/or services for sale, Influencers will likely be required to adhere to the rules in relation to advertising and the accuracy of information to be disseminated under our laws.

Yes, while we cannot confirm the timeline on these expected changes, it is notable that:

1. Trinidad and Tobago has a Draft Consumer Protection Bill 2020 which is in the process of receiving stakeholder comment/feedback, after which it will be debated, refined and proclaimed; and
2. The Trinidad and Tobago Electronic Transactions Chap 22:05, which is only partially proclaimed at present, is expected to be fully proclaimed. The Electronic Transaction Act in its current form expressly provides for, among other things, requirements for minimum information and accuracy for transactions involving the sale of goods or services via electronic mean to consumers which will enhance the current Consumer Protection Regime