When Elena bought her new car in 2020, she thought her transport woes were a thing of the past; however, her dream car quickly turned into a nightmare, exacerbated by the lack of consumer-protection legislation.
Now the mother-of-one is having to pay for a car she is unable to use, thanks to faulty safety features and ongoing engine trouble.
The car dealer has been less than cooperative with assisting her in addressing these issues, she said.
“I’m stuck with paying [on] a [loan] for a vehicle that I don’t even want anymore. I won’t even sell it because I don’t want anyone else to inherit this expense… this nightmare,” said Elena, who asked that her real name not be used.
Bill is ‘long overdue’
She said when first saw the car, she fell instantly in love.
“I had to have it,” she said, but less than a year into repaying the loan, the car troubles started with an engine leak and an issue with the safety feature.
When she purchased the vehicle, the dealer assured her parts and technical expertise were readily available on island.
She said neither assurance has turned out to be true.
Her story is one of many that has prompted Bodden Town West MP and former deputy premier Chris Saunders to table the Consumer Protection and Guarantees Bill 2023.
The bill, which was gazetted last year, is expected to be on the agenda when Parliament meets this week.
Saunders, speaking with the Compass on Thursday, stressed the importance of the bill, saying it has been “long overdue”.
“We have people making large commercial purchases and getting into problems with no recourse. This is what triggered this push for protection,” he said.
The proposed legislation was initiated by the Opposition MP, a first in recent history for the Cayman Islands.
‘Protecting people’s hard-earned money’
“This bill isn’t going after blenders and shoe polish; this is going after protecting people’s hard-earned money being spent on big-ticket items to make sure they are not being taken advantage of. I cannot have people paying a car loan on a brand new car that doesn’t work and have to hitch a ride just to earn a living to take care of their families,” Saunders said.
The Law Reform Commission crafted Cayman’s first draft Consumer Protection and Guarantees Bill, 2017 which was sent out for public consultation over four months.
Once comments were received, the bill was due to be amended before going to the then Legislative Assembly for debate and approval in 2018; however, it never reached that stage.
Several businesses were opposed to the legislation, saying it would increase customer costs and add legal risks for operating.
This bill isn’t going after blenders and shoe polish; this is going after protecting people’s hard-earned money. – Bodden Town West MP Chris Saunders
Since then, consumers have been clamouring for protections, Saunders said.
He was prompted to act based on numerous complaints he has received from many members of the public who have made purchases, where the goods or services were “defective, substandard, and in some cases never received”.
“This legislation is necessary to protect the hard-earned income of thousands of Caymanian families, and those that call the Cayman Islands home, whenever they purchase goods or services,” he said.
Elena says she is hopeful legislators will support the bill and that it will provide consumers with some level of protection.
“I think it’s time that someone looks out for us because it’s not the vendors that are looking out for us. They’re looking out for themselves,” she said.
The legislation seeks the creation of a Consumer Affairs Commission, which would be an independent body charged with receiving complaints and taking enforcement action against offenders under the consumer protection law.
The commission is one of the important tools of the legislation and guarantees consumers have a place they can go to seek redress, Saunders said.
Changes proposed
He said the response to the proposed law has been very positive.
“The only negative feedback received is that it doesn’t go far enough to include the activities of banks and other financial institutions,” he said.
Saunders has taken this into account and “a major amendment” is being worked on that will be a material change to the legislation based on the feedback he has received, he added.
The MP said he hopes his raising the issue will “promote and advance the social and economic welfare of consumers through the protection of their rights and interests from fraud and unfair practices”.
Saunders said a series of community meetings have been planned to discuss the bill.
He also thanked Infrastructure Minister Jay Ebanks for agreeing to kick off the public awareness campaign in North Side.
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