E-commerce is experiencing an unparalleled growth rate in Nigeria, and this has consequently brought ease and convenience to consumers; however, such growth at an increasing rate has generated concern that online vendors would easily fall into committing infractions under the FCCPA, 2018-an Act that protects the rights of consumers and ensures fair competition.

The FCCPA 2018 is the most important legislation that regulates and protects consumers in Nigeria. It was enacted for the following purposes:

• To protect and promote the interest of consumers by making available a wide variety of quality products and services at competitive prices.
• To prohibit anti-competitive agreements, misleading, deceptive, or unfair business practices that may eliminate competition or create dominance in the market in Nigeria.

The FCCPA defines a consumer thus:

•  (a) Any person who buys, or agrees to buy, goods for purposes of consumption, excluding those who purchase goods in the course of business for the purpose of resale, or of producing, manufacturing, or treating other goods.
•  (b) Any person who receives services.
Based on this, the common infractions of electronic vendors in Nigeria and their effect on consumers and the market would be discussed.

Some Key Rights under the FCCPA:
•  Right to clear and understandable information: Consumers have a right to information about products and services, which should be in plain, understandable language.

• Right to price transparency: All costs including taxation, fees, and delivery charges must be transparently disclosed before consummating the transaction.

• Right to accurate trade descriptions and product labels: Product description shall suffice, including vital information about the product, such as the manufacturer and origin.

• Right to know if a product is second-hand or reconditioned: Every consumer has the right to know whether he is purchasing second-hand goods or refurbished ones.

• Right to transaction records: The receipt or a record of every transaction should be given showing details of the product, price, and any warranty.

• Right to choose suppliers without restrictions: The consumer is entitled to choice of suppliers without compulsion to buy products or services that he does not want.

• Right to cancel advance bookings or orders: There can be cancellation of reservations or orders within a reasonable time without unfair penalties.

• Right to inspect goods before buying: Consumers must be given the chance to prove the condition of the products, especially if they purchase items online.

• Right to return goods: The consumers are entitled with the right to return merchandise within a reasonable period if they are not satisfied or if the product does not match its description.

• Right to fair treatment: Consumers have the right to be treated fairly from pricing to the solution of disputes.

Right against misleading and deceptive practices: Consumers shall be protected from false advertisement and incorrect product claims.

Right to fair price and reasonable terms of contract: Consumers shall not be exposed to unfair prices or unreasonable contract terms.

Right to safe and quality products: Products, including goods and services, should be safe and of good quality.

Common Violations by Online Vendors:

•Failure to indicate prices: “DM for price”. While the law demands that vendors show the prices of commodities clearly, many vendors, especially over social media, do not comply, thereby irritating potential buyers.

• Deceptive advertisement and false claims: Some vendors misrepresent product descriptions, images, or functionality to lure consumers.
  • Not providing a refund of money: Under Section 122 of FCCPA, upon the occurrence of an unsafe product, defective merchandise, or goods not correctly described, there should be a refund. Failure to refund is illegal.
  • Unfair contract terms: Some vendors include unfair conditions that may include very minimal return options, hidden costs, or other tactics that curtail consumer rights.
  Anti-competitive practices: Online platforms could engage in price-fixing, exclusive arrangements, or favor suppliers in ways that harm competition.
  Data privacy breaches: more often than not, vendors collect consumer data, and failure to protect it or misusing this data is a violation of the privacy rights guaranteed by the Constitution of Nigeria and Data Protection Act.

  Available Remedies to Consumers:

• Where consumers feel their rights under FCCPA are violated, they have the following avenues for redress:

  • Complaints filed with FCCPC: The Federal Competition and Consumer Protection Commission may receive complaints, investigate further, and impose fines or other corrective measures on vendors.
  • Mediation or arbitration: The consumers may, in an alternative method, make use of mediation or arbitration as dispute resolution mechanisms.
  • Court litigation: It is within the right of the consumer to proceed to court by filling lawsuits in respect to any damage caused to the consumer due to a violation of his or her rights.

  The FCCPA is enacted for the purpose of promoting equity and competitiveness in E-commerce in Nigeria, and making vendors accountable for their actions. In that respect, FCCPA compliance will not only benefit consumers but also lead to a healthy and robust e-commerce ecosystem in the country. By that it means online vendors have to make sure such regulations are followed so that they can operate transparently and fairly.

This article provides a general overview of the subject. Please contact us directly for any specific legal assistance.