Consumer Protection in Thailand

The Consumer Protection Act, B.E. 2522 (1979) with the first amendment of this Act, B.E. 2541 (1998) provides the consumer rights as follows:

1. The right to receive correct and sufficient information and descriptions as to the quality of goods and services

Consumers have the right to receive information from advertising or labels which is not exaggerated by the business entity, including the right to be informed about sufficient details of goods or services in order to avoid misunderstanding in buying those goods or services.

2. The right to enjoy freedom in the choice of goods or services

This means that a consumer can willingly buy goods or service and independently make a decision without any unfair persuasion.

3. The right to safety in the use of goods or servicesperson-851211_1920

Any goods or services used by a consumer must be in a good condition and quality with the appropriate standard so that there is no harm to the life, body or property of consumers when used according to the instructions and according to the condition of the goods and services.

4. The right to receive a fair contract

This is the right to have a fair contract from a business entity. All of the following terms are considered unfair to a consumer, for example, a credit card agreement which has terms, such as a term which allows changes in conditions of the card usage fee, service charge, accrued interest without prior notice, a term which allows a business entity to abolish the contract on credit card usage at any time without any notice to the consumer of reason, and no term which indicates the right of the consumer to cancel a contract.

5. The right to be considered and compensated

The consumer has the right to call for compensation from a business entity if the consumer suffers damage caused by the business entity. The consumer can make a complaint for help and support at the Office of the Consumer Protection Board or relevant agencies.

Consumer Protection in Advertising

The Consumer Protection Act mentions that an advertisement of goods and services must not contain a statement which is unfair to consumers and it shall not be affected by a method which may be harmful to health, or cause physical or mental harm or annoyance to consumers.

The following statements shall be regarded as those which violate this Act:

1. A statement which is false or exaggerated.

2. A statement which will cause misunderstanding about the goods or services.

3. A statement which is directly or indirectly encouraging the commission of an unlawful or immoral act, or which adversely affects the national culture.

4. A statement which will cause disunity or adversely affects the unity among the public.

5. Other statements as prescribed by the Ministerial Regulation as follows:

• Advertising of goods or services for which a business entity has a sale and promotion by giving products for free or privileges, gambling or competing for prize rewards must be contained with clear statements, such as regulations, conditions, methods, starting and ending dates, detail of free products, value of free products in total, and any place where consumers receive the free products.

• Advertising by blessing members of the Royal Family and using information about the Monarch must not include details of goods or services in the advertisement. The statement of blessing must be clear without any advertising of goods and services.  Trademarks or other details, such as address, website, email, address, telephone numbers, are not allowed. Only the name of the company or the composer is allowed.

• Advertising of land, house and condominium by a business entity must contain details, including starting and finishing dates of construction, registered number of land certificates, total area of land, license number of land allocation, name of person who allocates the land, name of land business entity. The time of transferring ownership when the payment has been made according to the conditions of the contract, must also be indicated. A statement must indicate whether any image in the advertisement is real, or is imitated from the original.

In the case where the Committee on Advertisement had a reasonable cause to suspect that any statement used in an advertisement is false or exaggerated, the Committee on Advertisement shall have the power to issue an order requiring the advertiser to substantiate the claim.

Any businessman who is doubtful whether his advertisement will violate or does not conform to this Act may apply to the Committee on Advertisement for consideration and opinion on such matter before advertising.

Reference: A Handbook for Disseminating Knowledge for Consumers – Office of the Consumer Protection Board

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