Part 4

Consumer rights and disputes
Chapter 4

Alternative dispute resolution for consumer contract disputes

Complaints by consumers to traders

Duty of trader to notify consumer of ADR arrangements etc
308
1
This section applies where a trader responds to a complaint from a consumer in respect of any matters relating to a consumer contract between them.
2
In subsection (1) “matters relating to a consumer contract” include anything concerning—
a
the making of the contract,
b
anything done by the trader before or after making the contract,
c
any obligations of the trader under or relating to the contract, or
d
the performance by the trader of its obligations under or relating to the contract.
3
The trader must, when communicating the outcome of the trader’s consideration of the complaint to the consumer, also inform the consumer about any ADR or other arrangement that is available if the consumer is dissatisfied with the outcome.
4
In subsection (3) “ADR or other arrangement” means a scheme or arrangement—
a
that is available to the consumer by virtue of an obligation of the trader to participate in the scheme or arrangement imposed by—
i
legislation,
ii
terms of the consumer contract, or
iii
other contractual arrangements to which the trader is party, and
b
by virtue of which either or both of the following will happen if the complaint (or any part of it) is duly pursued by the consumer—
i
ADR will be carried out (if or so far as the matters complained of involve a consumer contract dispute between the parties);
ii
other action will be taken with a view to securing or facilitating a resolution (if or so far as the matters complained of do not involve a consumer contract dispute between the parties).
5
Section 302 (enforcement notices) applies in relation to a trader who is contravening or has contravened the duty under subsection (3) as it applies in relation to an ADR provider who is contravening or has contravened anything mentioned in section 302(1).
6
This section does not affect any other duty of a trader to give information to a consumer.
S. 308 not in force at Royal Assent, see s. 339(1)