Consumer tips

2006·5.9 MB·English

by  Alberta. Alberta Consumer and Corporate Affairs

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TIPSHEET
Your Credit Report
This publication is intended to provide January 2006
generai Information only and is not a
substitute for legal advice.
Credit reporting agencies must make sure the information in your file is
correct and based on the most reliable evidence available. The Fair Trading
Act and the Credit and Personal Reports Regulation identify what can be
included in and released from your credit file.
HIGHLIGHTS
IS THE INFORMATION IN YOUR CREDIT FILE ACCURATE?
1 IS THE INFORMATION IN
YOUR CREDIT FILE ACCU- Before approving your application for a credit card or a loan, a business
RATE? may check your credit history before making a decision to give you the
money or the credit card. This information - known as your credit rating -
2 CHECKING YOUR FILE
comes from reporting agencies such as Equifax Canada Inc. and TransUnion
of Canada.
2 CORRECTING
INFORMATION
These private businesses keep files on individuals who apply for credit.
Reports can be given to lenders, insurers, your creditors and anyone
3 IDENTITY (ID) THEFT
involved in business transactions with you. Anyone you authorize in writing
3 MAINTAIN A GOOD can also get reports.
CREDIT RECORD
Your credit file may include information about your:
4 FOR MORE • Occupation and places of employment
INFORMATION • Past and present addresses
• Marital status
• Spouse or interdependent partner's name and age
• Number of dependents
• Education or professional qualifications
• Estimated income and assets
• Existing debts and paying habits
• Fines and restitution orders
• Cost of living responsibilities
• Enquiries made by others
• Comments you have made
You have a right to find out
what is in your file.
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CONSUMER TIPSHEET Your Credit Report
Your credit file cannot include: The agency must provide:
• Unfavourable personal infornnation about you unless • All the information in your file as of that date;
it h as been confirnned and the source of the • Where the information came from unless it i s
information is o n the file obvious; and
• Health or health care history • Who has received a copy of your report in the past
• Sexual orientation six months.
• Unfavourable information about a debt if m ore than
You can ask for copies of any reports the reporting
six years have passed since the date of the last
agency has provided in the past six months.
payment on that debt or from the date the debt was
incurred When requested, a reporting agency must provide
• Judgments more than six years old unless the creditor you or your representative with a report once a year
confirms in the file that the debt has not been paid at no charge. However the agency may charge you a
• Bankruptcy if y ou were discharged more than six years reasonable fee for additional reports or information
ago unless you have been bankrupt more than once requested in that same year.
• Charges under federal, provincial or territorial law
charges if y ou haven't been convicted CORRECTING INFORMATION
• Convictions, fines and prison terms more than six
years old If y ou find information on your file that you disagree
• Court actions taken against you in the past year with, you have a right under Alberta's Fair Trading Act
unless the report includes the current status of the to explain or protest what you found.
action
To explain or add information, write a statement of
• Race, creed, colour, ancestry, ethnic origin, religious
100 words or less to explain why you believe the
or political affiliation
information in the file is not accurate or complete.
• Family details other than the name and age of your
The agency must put this information in your file and
spouse or your adult interdependent partner
include it i n any report it p rovides about the item in
• Information obtained verbally unless the content of
the report is n oted in writing in the file question.
If y ou believe an item is not accurate or complete,
write a statement of 100 words or less to protest the
CHECKING YOUR FILE
information. The agency must check the accuracy or
You or your representative have a right to find out what completeness of the information. Within 45 days, it
is in your file. When you make your request to learn the must confirm, correct, add to or delete the information
contents of your file, make sure you have identification. in question. If t he agency corrects, adds to or deletes
Your representative will also need proof that he or information, it m ust tell you and everyone who received
she is y our representative. Without identification and your report within the last six months.
proof, the reporting agency doesn't have to provide the
information.
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IDENTITY (ID) THEFT MAINTAIN A GOOD CREDIT RECORD
You may be a victim of identity theft • Pay your bills promptly, especially credit cards
• Borrow only what you need and what you can afford
• If a creditor calls to say you've been approved or
• Try to pay off loans on time and as quickly as possible
denied credit that you haven't applied for
• If y ou receive credit cards or statements for credit • Get reference letters from landlords and creditors and
add them to your personal file
cards that you didn't apply for
• If y ou get calls or letters from a collection agency or • Make sure incorrect information is removed quickly
from your credit file
business about purchases you didn't make
• If y ou are having difficulty paying a bill, contact the
If y ou think someone else is using your identity, contact
creditor immediately
the major reporting agencies to report your concern.
• If y ou are ill o r disabled, find out if y ou have insurance
Both companies have procedures in place to deal with
on the loan or credit card that will make the
ID theft and will put an ID theft warning on your file.
Equifax Canada Inc. payments if y ou can't
Toll-free: 1-800-465-7166
www.equifax.com When requested,
TransUnion of Canada
a reporting agency
Toll-free: 1-866-525-0262
www.tuc.ca
must provide you or
Obtain a copy of the Identity Theft tipsheet on
the Alberta Government Services website
your representative
www.governmentservices.gov.ab.ca
or call:
with a report once
Alberta Government Services Consumer
Information Centre a year at no charge.
In Edmonton: (780) 427-4088 or
Toll-free in Alberta: 1-877-427-4088 If y ou believe an
item is not accurate
or complete, write
a statement of 100
words or less to
protest the
information.
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CONSUMER TIPSHEET Your Credit Report
FOR MORE INFORMATION
For additional information about the Fair Trading Act or the Credit and
Personal Reports Regulation, call
Alberta Government Services Consumer Information Centre
Edmonton: (780) 427-4088
Toll free in Alberta: 1-877-427-4088
A current version of this and other consumer tipsheets are available at the
Alberta Government Services website www.governmentservices.gov.ab.ca.
Most public libraries have Internet access if y ou don't have access at home.
4 If y ou need more copies of this tipsheet, you have permission to photocopy.
CI
CONSUMER TIPSHEET
Unfair Practices:
The Fair Trading Act
This publication is intended to provide January 2006
general information only and is not a
substitute for legal advice.
The Fair Trading Act (FTA) protects consumers from unfair business
practices before, during or after a consumer transaction. The legislation
applies if:
• The consumer or supplier lives in Alberta
• The offer or acceptance is made in or sent from Alberta
HIGHLIGHTS
• T he unfair practice is made or received in Alberta and involves a supplier's
1 DEFINITIONS representative
2 EXAMPLES OF UNFAIR An unfair practice may occur even if a consumer transaction was not
entered into or concluded.
PRACTICES
3 PREVENTING PROBLEMS
DEFINITIONS
3 RESOLVING PROBLEMS
A consumer transaction is d efined as any sale, lease or other transfer of
4 MOTOR VEHICLE goods or services for payment. This includes a contest prize and goods or
COMPLAINTS services given to someone else.
4 FOR MORE A consumer is an individual who pays for those goods or services.
INFORMATION
Goods generally refers to:
• Material items used primarily for personal, family or household purposes
• A new residential dwelling whether or not it is attached to land
• A voucher which promises goods or services in the future
Services can include any of the following when they are used primarily for
personal, family or household purposes:
• Maintenance, improvement or repairs to goods or private homes
• Membership in a club or organization if t he club or organization is in
business to make a profit for its owners
• The right to use property under a time-share contract
A supplier is a person who receives money from a consumer transaction.
This includes a salesperson or a representative or agent who manufactures,
produces, distributes, advertises or sells goods or services.
The FTA does not allow you to waive your rights under the legislation or
restrict any rights under other legislation. If a consumer contract is v ague,
the terms of the contract are interpreted in favour of the consumer.
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CONSUMER TIPSHEET Practices: The Fair Trading Act
EXAMPLES OF UNFAIR PRACTICES
• Representing that goods or services are available
in accordance with a prior representation when
• Subjecting a consumer to undue pressure or influence
they are not. Example: The seller says the goods were
to buy. Example: A salesperson spends four hours in
seized from Canada Customs when they were
a consumer's home trying to sell a vacuum cleaner. actually purchased as regular inventory.
• Taking advantage of a consumer's inability to • Representing that a voucher from one supplier can
understand a consumer transaction. Example: A seller
be used for goods or services at regular or discount
convinces a consumer who can't speak or read price if t he first supplier knows (or ought to know)
English to sign a multi-page contract.
that the second supplier will not honour the voucher.
• Charging a price that grossly exceeds the price
Example: A company sells a coupon book knowing
of similar goods that are readily available without
that some of the businesses will not honour the
informing the consumer of the difference and the
coupons.
reason for the difference. Example: A contractor
• Representing that goods are available in a particular
doesn't tell a homeowner that the repairs to his
quantity if t hey are not. Example: A store advertises it
roof that cost $7,500 could have been be done by a
has 35 stereos for sale when in fact it h as one stereo
competitor for $2,500.
in stock.
• Charging a price for goods or services that is more
• Representing that goods or services will be supplied
than 10 per cent - to a maximum of $100 - higher
within a stated time if t he supplier knows (or ought
than the estimate given for those goods or services
to know) the goods will not be available. Example:
unless the consumer has specifically agreed to the
A hot tub company promises a tub will be installed
increase. Example: A repair shop says it w ill cost $1 50
on Christmas Eve when it k nows the installation staff
to fix an item, but the final bill is $400.
will not be available.
• Representing that goods or services are of a
• Representing that a specific price benefit exists if i t
particular standard, quality, grade, style or model
does not. Example: A business advertises that an item
if t hat representation is untrue. Example: A furniture
dealer says a coffee table is solid wood when it i s is on sale or the price is '20 per cent off if t he item
has never been sold at the regular price.
really particleboard.
• Representing that a part, replacement, repair or
• Representing that goods have or have not been used
adjustment is needed or desirable if i t i s not. Example:
to an extent that is d ifferent from the fact. Example:
A shop replaces a dryer motor when only the belt
The seller tells a consumer that a car has 100,000
needed replacing.
kilometers on it a nd the true mileage is 200,000
kilometers. • Representing that the supplier is asking for
information, conducting a survey or making a
• Representing that goods are new when they
solicitation when that is not true. Example: A door-
are used, deteriorated, altered or reconditioned.
to-door salesperson asks a consumer to fill out a
Example: A computer is s old as new, but the seller
has reconditioned it. home-environment survey when he or she actually
wants to do a product demonstration.
• Making an untrue statement about a good's prior
• Giving an estimated price for goods or services if
history or use. Example: The seller tells the consumer
they cannot be provided for that price. Example:
that a car was only driven by the owner of a
A renovation company tells a homeowner that it c an
dealership when it w as a lease-back from a rental
replace the garage door for $500 when it k nows the
company.
price for parts alone is $700.
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PREVENTING PROBLEMS
• Representing the price of goods or services in a
manner that a consumer might reasonably believe
• Make sure you understand what is being offered in
the price refers to a larger package of goods or
any advertising and what a salesperson tells you
services. Example: A company advertises it w ill build a
about a product or service.
complete fence for a home for $2,000 when the
• Get answers to your questions before you buy.
fence project is f or the rear of the house only. Adding
• Never sign a contract unless you have read it to make
two more sides would cost $1,500 more.
sure it i ncludes all the terms and conditions you
• Representing that a consumer will obtain a benefit
agreed to. All verbal claims that a salesperson made
for finding other customers if i t i s unlikely that the
about the goods or services should be listed in the
consumer will obtain such a benefit. Example: A
contract. Never sign a blank contract that a
multi-level marketer agrees to give you a reduced
salesperson says will be filled in later.
price on your next order when you refer a friend to
• If a supplier makes a statement about an item that
the company, but it n ever gives you a reduction.
encourages you to buy it, a sk that the statement be
• Representing that a product will perform, has
written into the sales agreement, e.g. the car has
capability or length of life of goods or services unless:
never been in an accident.)
• Adequate and proper independent tests are
• Always keep your bills of sale, contracts, warranties,
done before the representation is made
instructions and cancelled cheques.
• Testing substantiates the claim
• The representation is a ccurate and fairly reflects
the results of testing RESOLVING PROBLEMS
It i s an offence for a supplier to engage in an unfair Talk to the business or supplier. This is t he first step
practice. to resolving a problem. The tipsheet Negotiating
a Consumer Complaint is a vailable from Alberta
Government Services. See last page for contact
Make sure you information.
understand what is If y ou are not successful in resolving the problem and
have lost money because of an unfair practice, you
can start an action against the supplier in the Court of
being offered in
Queen's Bench. If t he claim is less than $25,000, it c an
be heard before the Provincial Court of Alberta, Civil
any advertising and
Division. This level of court can only award damages for
losses suffered.
what a salesperson
tells you about a
product or service.
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CONSUMER TIPSHEET Unfair Practices: The Fair Trading Act
MOTOR VEHICLE COMPLAINTS
The Alberta Motor Vehicle Industry Cour^cil (AMVIC) is responsible for
investigating unfair practices when nnotor vehicles are repaired, leased or
sold (including consignment sales) to consumers.
Alberta Motor Vehicle Industry Council
Box 11, Suite 303
9945 - 5 0 St,
Edmonton, Alberta T6A 0L4
In Edmonton: (780) 466-1140
Toll-free in Alberta 1-877-313-3833
Fax: (780) 462-0633
www.amvic.org
FOR MORE INFORMATION
For more information about unfair practices contact
Alberta Government Services Consumer Information Centre
In Edmonton (780) 427-4088
Toll-free in Alberta 1-877-427-4088
www.governmentservices.gov.ab.ca
A current version of this and other consumer tipsheets are available at the
Alberta Government Services website www.governmentservices.gov.ab.ca.
Most public libraries have Internet access if y ou don't have access at home.
4 If y ou need more copies of this tipsheet, you have permission to photocopy.
CONSUMER TIPSHEET
Dealing With
Door-to-Door Sales
This publication Is Intended to provide January 2006
general information only and Is not a
substitute for legal advice.
Door-to-door salespeople sell everything from encyclopedias and magazines
to home improvements. If a contract is s igned, negotiated or concluded
away from the seller's usual place of business, it is c onsidered a direct sale.
HIGHLIGHTS LICENSING REQUIREMENTS
1 LICENSING In Alberta, most companies that sell products door-to-door must be
REQUIREMENTS licensed under the Fa/r Trading Act and the Direct Selling Business
Licensing Regulation. Licensed businesses are required to post a security
2 THE CONTRACT
such as a bond if t he contract is w orth more than $25. If y ou make a
2 YOU CAN CHANGE purchase and later encounter problems, you may be able to get some or all
YOUR MIND of your money back by making a claim against the security.
Salespersons must carry identification that includes their business licence
3 HOW TO CANCEL A
CONTRACT number. Before you allow a door-to-door seller into your home or office,
ask to see their identification.
3 BEFORE YOU BUY
Call Alberta Government Services to confirm that a business is licensed.
4 FOR MORE You can also find this information at the Alberta Government Services
INFORMATION website - www.governmentservices.gov.ab.ca or by calling toll-free
1-877-427-4088.
No licence required
Some businesses do not require licensing under the Fair Trading Act,
although they may be regulated by other legislation. Businesses that do not
require a Direct Seller Licence include those selling:
• Pre-arranged funerals and cemetery plots
• Insurance
• Lightning protection
• Well-drilling services
• Courses at private vocational schools
• Securities
• Alberta produce sold on farms
• Magazine subscriptions sold by students
• To other businesses
• Real estate
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• Mortgage broker services
CONSUMER TIPSHEET Dealing With Door-to-Door Sales
THE CONTRACT YOU CAN CHANGE YOUR MIND
Once you decide to buy, make sure you get a signed The Fair Trading Act allows you to cancel a sale within
sales contract. A direct sales contract nnust include the 10 days of receiving your copy of the signed contract if:
following: • The purchase was for more than $25;
• Full nannes and addresses for you and the business
• The purchase was made away from the seller's normal
• The name of the sales person (if a pplicable) place of business; and
• The purchase was intended primarily for your
• The company's telephone number and fax
(if a pplicable) personal, family or household use.
• The date and place of the contract
You have one additional day to reconsider the purchase
• A detailed description of the goods or services
if t he last day you can cancel falls on a Sunday or
• A price breakdown (if a pplicable)
statutory holiday.
• A statement of your cancellation rights
• The total price of the contract and the terms of Extended cancellation rights
payment You have up to one year to cancel if:
• If t he goods and/or services are to be provided later, a • The seller did not have a required licence
delivery date or the start date for services • The sales contract does not include all required
information
• The date when all services will be completed and/or
goods provided • The goods are not all provided within 30 days of
• Full credit disclosure including details about any the delivery date specified in the contract or
security taken for payment agreed to in writing by the buyer and seller
• The value and description of any trade-in • The services are not started within 30 days of the
• Your signature and that of the sales representative delivery date specified in the contract or agreed
to in writing by the buyer and seller
Salespersons must If y ou accept the goods or allow services to begin after
the 30-day period, you may no longer have extended
cancellation rights.
carry identification
The direct sales cancellation rights under the Fair
that includes their
Trading Act do not apply to contracts negotiated
business licence or concluded at the seller's place of business, a
marketplace, auction, trade fair, agricultural fair or
exhibition.
number. Before you
In some cases, a business may have its own cancellation
allow a door-to-door policy in addition to the cancellation rights under the
Fair Trading Act. Make sure any cancellation rights are
included in the contract.
seller into your home
or office, ask to see
their identification.
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