Misleading information on website

An EU-wide investigation involving 26 member states, all except Slovakia, as well as Norway and Iceland, revealed misleading and unfair practices on websites selling electronic goods.

The sweep focused on six of the most popular electronic goods, namely digital cameras, mobile phones, personal music players, DVD players, computer equipment and game consoles.

The Commission chose to focus its investigation on electronic goods because when it analysed the complaints received by the European Consumer Centres, it transpired that a third of complaints regarding online sales concerned the purchase of electronic equipment. EU Consumer Commissioner Meglena Kuneva said "this is a Europewide problem that needs a European solution".

The investigation was carried out between May 11 and 15 and covered 200 of the biggest websites selling electronic equipment in the EU as well as more than 100 websites which were targeted on the basis of consumer complaints.

A total of 10 websites were checked by the Consumer and Competition Division in Malta. Out of these, seven were flagged for further investigation. The co-ordinated action involved the use of a common checklist of irregularities.

More than half the websites scrutinised by national authorities contained misleading information on the cost of products and consumer rights, especially about the EU's 'right to return' unwanted goods within a minimum period of seven days without giving any reason.

Buyers were either not informed at all or misinformed about this right. For instance, consumers were told that the trader would not accept the product back or that they could only have credit rather than cash refund.

When other rights were mentioned, such as the two-year legal protection, consumers were told they only had this right for a year.

On some of these websites traders also failed to provide their complete contact details so that they could not be contacted in case of problems.

The next step is the enforcement phase, where the companies concerned will be contacted by the authorities and asked to correct their websites or clarify their position. For cross-border cases, where the trader operates from another country, enforcement authorities can ask for assistance from authorities in other countries.

During this enforcement phase, the companies have a right of reply and an opportunity to correct practices that are illegal. Failure to bring the websites in line with the law can result in legal action leading to fines or websites being closed.

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt