Offence Explanation
The salesperson stated that XX Pay TV had obtained the exclusive right to live broadcast the ABC Football League Championship for the next 24 months. However, XX Pay TV had the live broadcasting right of only one year indeed and ABC Football League Championship has not yet invited tender from interested TV broadcaster for future live broadcasting right. This constituted a false trade description of the length of time for which the championship live broadcast service is to be provided by the TV broadcaster. No matter whether the false trade description is indicated by verbal representation or other direct or indirect means, the TV broadcaster may have committed the offence of applying false trade descriptions to services supplied or offered to be supplied to a consumer under the Ordinance.
Reminder to Consumer
Wise Tips
- Before making a purchase decision, consumers should beware of trade description of goods and services made by traders, such as performance, composition, price, place of production, scope of service, and after-sale service, etc.
- Consumers should ask the trader for relevant information if there is any question. They should make a transactional decision only if the trader is able to provide sensible and adequate information.
- Consumers should pay attention to a trader’s reputation when shopping. They should select a trader carefully to avoid being deceived.
- If consumers have any doubts over the trade description or promotional offers made by the salesperson, they can request for a written confirmation or make audio-recording as evidential proof.
- Consumers should not entirely rely on the salesperson’s puff and verbal promises. It is recommendable to insist on recording the promise on the receipt.
- When making a transaction, consumers should check the transaction amount on the receipt and ensure that information on the receipt and warranty card (such as model number, serial number, etc.) are consistent with those applied to the product.
- If consumers suspect that deception is involved in the selling process, they can report to the police.
Access to Redress
- To lodge a complaint, as the case may be, with the following organizations:
- Customs and Excise Department
- Office of the Communications Authority (On broadcasting and telecommunications services)
- Consumer Council
- If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
- If the claim does not exceed $50,000: Small Claims Tribunal
- If the claim exceeds $50,000, but does not exceed $1,000,000: District Court
- If the claim exceeds $1,000,000: Court of First Instance of the High Court
Besides, as the case may be, you may seek legal advice and/or assistance from: