Consumer Protection Violation Defense | Legal.ge

ConsumerProtectionViolationDefense

Can customers return any item within 14 days?

Generally yes for online purchases (distance contracts), unless the item falls under specific exceptions (e.g., hygiene products, perishables). In-store policies vary.

What is the penalty for violating consumer rights?

Fines can be up to 2% of the company''s annual turnover. However, the Agency often issues warnings and opportunities to correct issues first.

Do I need a lawyer for an Agency hearing?

Yes, having legal representation is highly recommended to present evidence properly and negotiate "conditional commitments" to avoid fines.

Are English labels sufficient in Georgia?

No, the law mandates that key product information and instructions must be provided in the Georgian language.

Consumer Protection Violation Defense: Legal Support for Businesses

Since 2022, the new "Law on Protection of Consumer Rights" has come into force in Georgia, radically changing the rules of the game for businesses. The new regulations impose strict obligations on entrepreneurs, ranging from product labeling and information provision to the unconditional right to return items within 14 days (for online sales). The main controlling body for this process is the Georgian Competition and Consumer Agency, which has broad powers: to inspect businesses, mandate the elimination of violations, and impose substantial financial fines. Many businesses, especially small and medium-sized enterprises, often fail to realize the extent of the law''s requirements, putting them at serious financial and reputational risk.

Disputes with the Agency require specific legal knowledge, as the case involves not only legal but also marketing and commercial nuances. Often, consumer complaints may be groundless or based on a misinterpretation of the law (for example, demanding the return of hygiene items). The involvement of a qualified lawyer is essential for a business to protect itself from disproportionate fines and prove that it acted in good faith, within the framework of the law.

What Does Consumer Protection Defense Cover?

Lawyers registered on Legal.ge offer comprehensive legal services for businesses facing regulatory scrutiny:

Preparing Responses to Complaints: Drafting and submitting a legally substantiated response to a complaint filed with the Competition Agency.
Representation at the Agency: Protecting business interests and presenting evidence during case proceedings, which can last several months.
Audit of Contracts and Policies: Checking standard terms, return policies, and website rules for compliance with the law to prevent future disputes.
Appealing Fines: Challenging fines imposed by the Agency in court and requesting the annulment or reduction of the sanction.
Negotiating Conditional Commitments: Negotiating with the Agency to allow the company time to correct the defect instead of paying a fine immediately.

Common Situations and Real-World Scenarios

Businesses often face problems regarding the following issues:

Refusal of Return: Refusing to accept a return for an item bought online when the consumer requests it within 14 days without a reason. The business must prove the item falls under the exception list (e.g., perishable goods).
Price Indication Rules: Incorrect or confusing price display on a showcase or website, violation of discount conditions.
Failure to Provide Information: Absence of instructions or warranty conditions in the Georgian language.
Misleading Advertising: Exaggerated promises about product properties that the consumer perceives as false.

Georgian Legislation and Legal Framework

The main regulatory document is the Law of Georgia on Protection of Consumer Rights. The law establishes consumer rights regarding information receipt, withdrawal from contracts, warranty service, and safe products. The enforcement of the law is supervised by the Georgian Competition and Consumer Agency. If a violation is confirmed, the Agency can impose a fine on the trader, the amount of which should not exceed 2% of the previous financial year''s turnover. This is a quite strict sanction that can be imposed on a company if it fails to comply with the Agency''s instruction to eliminate the violation.

Process: What to Expect When Working with a Specialist

Engaging a lawyer is recommended immediately upon receiving a notification from the Agency. In the first stage, the complaint is studied. The lawyer will prepare a position: did the company really violate the law, or is the consumer''s claim groundless? Case proceedings at the Agency involve oral hearings where the lawyer defends the company''s reputation. If the violation is minor, the lawyer will try to achieve a conditional commitment, which exempts the business from a fine. If a fine is imposed, a court dispute begins.

Why Choose Legal.ge?

The field of consumer rights is new and dynamic in Georgia. Legal.ge gives you access to lawyers who have the latest practical experience in dealing with the Competition Agency. They will help you not only resolve the current dispute but also bring your business processes into compliance with the law. Find your business defender on Legal.ge.