The consumer is always right! This maxim is often recited by vendors. However, when we try to check its validity in real life, consumers may end up quite disenchanted. Consumer culture including awareness and withholding consumer rights is still emerging in Bulgaria. “Bulgarians are not used to checks and comparisons, and this situation is similar across Eastern Europe. The people in this part of the world used to live in a different system. There was widespread deficit on the market, as well as a single brand of yoghourt, a single brand of white cheese and sausages. Bulgarians are not used to choose the way western consumers have been practicing for generations. This is more or less a generational problem. Older people have great difficulties in comparing offers. For the younger generations it is much easier, because they have grown up in a competitive environment”, explains Bogomil Nikolov, CEO of the Active Consumers Bulgarian National Association. The association delivers information about consumer rights and lobbies for legislative changes serving consumer interests. From this year it publishes its Consumer Magazine that contains detailed information about goods and services on the Bulgarian market, as well as comparative product tests.
In figures from Active Consumers Association the most common violations of consumer rights have to do with failure to regard the right to reclamation. Most often this happens with household appliances such as TV sets, mobile phones, cookers and refrigerators. Officials from the association add that in the recent years complaints from the use of various banking services such as loans, leasing operations etc., have become more common. It turns out that some banks or financial institutions employ misleading information on the verge of the law. People complain that loan contracts include clauses written in miniature, virtually unintelligible fonts, or that some crucial clauses are placed on the last page of the contract.
“We should not blame consumers alone: after all not all of us are lawyers” Bogomil Nikolov says. “Very often contracts contain specialized and unclear texts. Besides, any vendor is obliged to clarify the basic terms and clauses to consumers. Very often people sign contracts in noisy shopping centers and offices with concentration of large crowds. This may press consumers to overlook some texts. In such cases the law can protect consumers under the rubric of unfair sales practices. The fact that the explanation has not been clear is enough for consumers to notify the Committee on Consumer Protection, so that such unfair practice could be sanctioned.”
At the legislation level consumer rights are well regulated – the way it is in Europe. Any consumer should be able to return a flawed product. If vendors fail to respond, consumers should take their case to the Committee on Consumer Protection. It is expected to tackle the problem by summoning reconciliatory commissions. This however is a voluntary procedure. If it fails to work, the last instance is the court of justice. Unfortunately disputes tend to be for very small values, and people do not lodge lawsuits, because they believe this will end up unprofitable for them. Besides, the judicial system has discouraged consumers with its slow procedures.
Unfortunately, most consumers who have covered the whole range of consumer protection tools hit the wall, once they reach the court of justice. I believe that there should be legislation changes or changes in litigation, so that consumers are entitled to compensations for the stress and time they spend while looking for their rights’ protection. Once there are successful consumer rights lawsuits, vendors will change their treatment of customers. The celebration of 15 March as World Consumer Rights Day is important in the efforts to raise consumer culture in Bulgaria. Since this country joined EU, it has been included in a range of comparative surveys focused on consumer rights. This provides good indication of our problems. What we need is a greater sensibility about consumer rights. After all, we vote with our wallets every day”, concludes Bogomil Nikolov, CEO of the Active Consumers Bulgarian National Association.
English version Daniela Konstantinova
