Dear PAO,

I ordered a storage cabinet from a local shop through an online shopping platform. The product description indicated that the item was made from engineered wood, and its picture suggested that it was made entirely out of wooden materials. However, when the item arrived, I was surprised to learn that it was mainly made of PVC — a synthetic plastic material, and only the base part of the cabinet is made of actual wood. Feeling deceived, I immediately requested for a refund, but the local shop refused to issue one because, according to them, they did not make any express representation and guarantee as to the materials used. I am still convinced that they intended to create an impression that it’s made entirely of wood in order to deceive customers into buying. Can I report the local shop for deceptive sales practices?

Uno

Dear Uno,

Republic Act (RA) 7394, otherwise known as the Consumer Act of the Philippines, was enacted primarily to protect consumer rights, promote consumer welfare, and establish the standards of conduct for business and industry. The law covers various aspects of consumer transactions and governs the regulation of an array of product categories. Among the important attributes of the law is the protection granted to consumers against deceptive, unfair and unconscionable sales acts and practices.

Under RA 7394, “[a]n act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.” (Article 50, Title III, RA 7394) Deceptive acts or practices may occur before, during, or after the transaction. It is typically committed before the transaction, and is commonly carried out by means of false claims by the seller or supplier, such as the act of representing a product or service as of a particular standard, quality, grade, style, or model despite full knowledge that it is not.

The law imposes upon the Department of Trade and Industry the authority to regulate deceptive, unfair, and unconscionable sales acts and practices. In this regard, the DTI has the authority to investigate complaints, impose penalties, and issue rules and regulations necessary for the implementation of the provisions of RA 7394.

The act of making false claims about product attributes, quality, price, or warranty carries with it the penalty of a fine of not less than P500 but not more than P10,000, or imprisonment of not less than five months but not more than one year or both, upon the discretion of the court. In addition thereto, the court may grant an injunction restraining the conduct of the act complained of, and/or award actual damages and issue such other orders necessary to redress injury caused by the unlawful act. (Article 60, Title III, RA 7394)

In your case, if the seller purposely indicated in the product description that the storage cabinet is made from solid wood, when it is, in fact, made of synthetic plastic material to deceive potential buyers, then it may fall under deceptive sales act or practices punishable under RA 7394. Accordingly, you may file a complaint before the DTI.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]