Ask Auntie, CNS Local Life, Caymanian status

I’ve been dealing with a store clerk for over a month now about an unravelling designer bag that is still under the designer’s warranty. The clerk has told me the manager is dealing with my complaint however the manager has not responded to me or returned any of my requests for her to call me. I’m not entirely certain that the clerk has passed my complaint to her manager at all, and I have no way to contact the manager of the store directly – as all calls go through the clerk. Is there anything I can do?


Auntie’s answer: I’m afraid the short response is, not much. I have received several questions over the last few years from readers needing help with consumer-related issues and my answers have been about the same: there is no legal recourse in Cayman to protect against unfair trading practices.

But you may also be aware that there is a bill on consumer protection that has been in the works for several years. We are not there yet, though I can offer an update on the process thanks to an official at the Law Reform Commission (LRC).

Originally, the Consumer Protection Bill went out for public consultation in 2017. The period to submit comments was then extended in 2018, during which the LRC “received comments from several stakeholders”. The commission is now reviewing those comments to “determine the way forward”, the official explained.

That review can lead in one of two directions, either “rethinking the content of the bill or maintaining our position on the form the bill should assume”. In the first case that would mean making a revised bill available for public consultation, after which the LRC would finalise its recommendations.

At this point, though the official is not able to say when this whole process will be concluded, he stressed that “this is an issue that remains very active on our law reform agenda”.

Clearly, none of that helps you with your dispute over the unravelling bag. But that doesn’t mean you should give up. I think it is time to make a bit more noise. I am not sure how demanding you have been about seeing the manager; it sounds like you have been very polite so far and I think the situation now calls for you to be a bit less so. It is not the clerk’s job to protect the manager from complaints. The manager should be the one dealing with unhappy customers.

Is it possible for you to determine who actually owns or operates the store and take your issue directly to them? It always helps to get as close to the top of the management pyramid as possible, until you find the person who has to take responsibility.

I am sure you have much better ways to use your time, but until there is legislation protecting consumers, I don’t see anything else you can do.

Read the draft Consumer Protection Bill in the CNS Library

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