BANGKOK, THAILAND, February 07, 2009
/24-7PressRelease/ -- Consumers in Thailand now have greater rights regarding business complaints than ever before. The changes to the laws include some surprise clauses that could have enormous impacts on Thai businesses, and Thai business legal services are urging all businesses to seek legal advice before a problem occurs.
''The new act will be fairer to consumers. It will force entrepreneurs, which have more bargaining power than consumers, to prove their cases,'' said the Director of legal affairs at the Office of the Consumer Protection Board, Mr Teeravath Chantarasomboon.
''If it's proved that the entrepreneur is at fault, the entrepreneur will have to be responsible for all expenses including those of consumers'', he continued.
BSA Law, a well-regarded Thailand legal service, is urging businesses to ensure that their policies and procedures comply with all relevant laws, in light of the amendments to the Consumer Case Procedures law.
Jim Byrne is BSA Law's business adviser. He believes "The most important feature of the new law is that if a subsequent case involving the same type of complaint comes to court, there will be no additional review of the circumstances - the same penalty will be applied to the company. This could make businesses liable for hefty fines as well as court costs if they don't review procedures."
"There are so many policy areas that could land businesses in trouble with consumers", Mr Byrne continued. "We are urging all businesses to make a review of the practices in conjunction with their lawyers, as the consequences of disappointing consumers will now be much more dire".
The new Consumer Case Procedures Thai law gives Thai consumers new rights including:
• The right for a consumer complaint case to be heard only at a court near the consumer's home residence. This includes counter-suits.
• Postponements of consumer complaint cases cannot exceed 15 days
• There will be only one appeal court available for a consumer complaint case
• Businesses will be liable for all court costs, unless the suit is found to be unreasonable.
About BSA Law:
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.
For more information please contact:
Jim Byrne
Business Advisor, BSA Law.
Email: jim@bsalaw.co.th
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