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Frequently Asked Questions
1.What is an unfair practice under the Consumer Protection (Fair Trading) Act (CPFTA) ?
An unfair practice covers the following conducts:
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- Deceiving or misleading consumers; e.g. hidden fees and surcharges and using small print to conceal terms and conditions in giving discounts.
- Making false claims; e.g. claiming a second hand good as a new/unused.
- Taking advantage of consumer who is not in position to protect his own interest or is not reasonably able to understand the transaction; e.g. taking advantage of an elderly person who lacks the capacity to protect their own interests.
- Carrying out any of the unfair practices specified in the Second Schedule of the CPFTA.
2. Who does the CPFTA apply to?
The Act applies to:
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- The business or consumer residing in Brunei Darussalam; or
- Consumer transaction that is made in or sent from Brunei Darussalam
3. Who is a consumer under the CPFTA?
Under the Act, a consumer is a person who purchases goods/services for personal consumption and not for commercial purposes. For example, a restaurateur buying goods for his restaurant would not be classified as a “consumer”.
4. Does the CPFTA covers online businesses?
The CPFTA covers registered businesses, operating either online or through physical premises. Consumers are advised to exercise caution when dealing with informal sellers, in particular those advertising through social media platforms. Consumers should verify the legitimacy of the seller and the products offered, retain proof of purchase and ensure that any transactions are conducted securely.
5. Are all consumer transactions covered by the CPFTA?
Not all consumer transactions fall within the jurisdiction of the CPFTA. The Act excludes the following transactions:
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- Purchase of estate or other immovable property;
- Service provided under a contract of employment; and
- Any transaction or activity that is already under the scope of other regulations or regulatory agencies in Brunei
6. What remedies does the CPFTA provide to consumers?
The CPFTA empowers consumers to seek civil redress for unfair practices in business-to-consumer (B2C) transactions.
Alternatively, consumers who encounter unfair practices may seek recourse from the Small Claims Tribunal (SCT) for claims up to B$10,000. More information on the Small Claim Tribunal can be found at: https://www.judiciary.gov.bn/
7. Is there a time limit to lodge a complaint?
A complaint must be made within two years from the date of the unfair practice occurred or from the date it was discovered by the consumer.
8. Is there a limit on the amount of claim under the CPFTA?
Yes, the amount of claim shall not exceed B$10,000.
9. What can consumer do when encountering unfair practices?
An aggrieved consumer encountering unfair practices should first attempt to resolve the dispute directly with the business, with supporting documents, such as purchase receipts and warranties. If the matter remains unresolved, the consumer may lodge a complaint with the Department, accompanied by supporting documents. Alternatively, an aggrieved consumer may seek recourse from the Small Claims Tribunal (SCT) for claims up to B$10,000. Find out more here:
Should a consumer wish to lodge a complaint with the Department, please complete the complaint form. The complaint process flow is outlined below.
For complaints that fall outside the scope of the CPFTA, the Department may refer complainants to relevant regulatory agencies to assist with their complaints.