While it's always best to try and work with the business first to fix the problem, this doesn't always work and is sometimes not even possible. In these cases, it's essential you lodge a complaint with Consumer Protection.
If you have a bad experience with a business or landlord, sharing your story on social media and elsewhere online might seem like a good way to warn others to steer clear, but it may not be the most effective way to have your voice heard and issue resolved.
While it's always best to try and work with the business first to fix the problem, this doesn't always work and is sometimes not even possible. In these cases, it's essential you lodge a complaint with Consumer Protection. Our work relies on the Western Australian community communicating with us so we can ensure traders are doing the right thing.
Laws in WA give Consumer Protection the authority to receive and investigate complaints against traders, before taking the appropriate action. This could be an attempt at conciliation, a public warning or even a prosecution in court.
When a complaint is received, the Consumer Protection team will assess it and work out the best way to help. Sometimes all that is needed is some advice from the team for you to resolve it yourself.
If the issue requires our intervention, we first act as an informal negotiator. Complaints are prioritised and those assessed as urgent are dealt with quickly. The team contacts the consumer and trader involved to see if an outcome can be reached that everyone is happy with. This is a free service and is often the most efficient and effective way to handle complaints.
It's important to note that Consumer Protection cannot force you or the business to act or accept an outcome, only a court or tribunal has the power to issue orders. For this reason, it's best to try to be reasonable during the conciliation process.
If you choose to take the matter to the Magistrates Court yourself, you can be rest assured it is not necessarily expensive or time consuming, and of course we will help guide you with the process.
If Consumer Protection notices a pattern of concerning practices by a business or industry, it may be referred to our trader intervention team. The focus of the intervention is to help the business better understand its responsibilities under consumer protection laws, improve its practices, and deliver better outcomes for consumers. These patterns can only be identified if people lodge a complaint with us.
We may take additional steps to protect the wider community, especially if a business continues to ignore the law despite previous intervention. Consumer Protection has the power to take further action against businesses and landlords that break the rules, such as issuing fines, seeking court rulings, or enforcing court agreements.
While this might not directly resolve the original complaint, it helps prevent similar issues from happening in the future. This protects not just one consumer, but a community.
More information about your rights and how to make a complaint, including a checklist, is available on our website at www.consumerprotection.wa.gov.au
