By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

SEVENTEEN stores have been hauled before the Magistrate’s Court for consumer-related violations over the past year, with 15 owners pleading guilty, as the government warns businesses it will take a tougher line against unfair pricing practices.

Rex Adderley, officer in charge of Consumer Affairs, said two cases remain before the courts after inspectors cited businesses for violations ranging from discrepancies between shelf and register prices to suspected price gouging and failures to produce invoices.

The enforcement figures emerged as Economic Affairs Minister Jerome Fitzgerald declared “zero tolerance” for businesses that take advantage of consumers and warned inspectors not to let personal relationships influence enforcement.

Mr Adderley said inspectors have encountered cases in which goods are displayed at one price but ring up at another, with some merchants refusing to honour the lower price.

He said businesses are generally first required to correct violations identified during inspections before court proceedings begin.

Of the 17 businesses taken to court during the past 12 months, one was a medium-sized operation, and the remainder were small businesses, he said.

Mr Adderley said “mom and pop” stores account for most complaints the department receives. He also referred to an increase in foreign nationals entering the grocery and snack-food business, but stressed that the law applies equally to all businesses.

Consumer Affairs received an estimated 20 to 25 complaints last month.

Mr Fitzgerald, speaking at the department’s fourth annual National Inspectorate Training at Breezes, said the government’s enforcement approach would not depend on a business's size or longevity, or on its owners’ relationships with inspectors.

“Protecting the Bahamian customer is a non-negotiable standard,” Mr Fitzgerald said, “and it is not up for discussion. It is not subject to who you know. It does not depend on how big your business is, or how long you have been in operation.”

He said families were under financial pressure and warned that the government was watching businesses for practices including discrepancies between shelf and register prices, selling expired goods, shortchanging customers, failing to display prices and disregarding price-control requirements.

“The price on the shelf is not the price at the register. We are paying attention,” Mr Fitzgerald said. “If they are selling expired goods, shortchanging customers, hiding the prices or ignoring price control, we are paying attention.”

He said tougher enforcement was also intended to protect legitimate businesses, acknowledging that merchants face genuine increases in freight, energy and other operating expenses.

The government also intends to advance competition legislation dealing with price fixing and abuse of market dominance, as well as clearer rules for displaying prices, including tax-inclusive pricing, Mr Fitzgerald said.

Mr Adderley, meanwhile, said Consumer Affairs plans to increase education and outreach to ensure businesses and consumers understand their responsibilities and rights.

The department is also moving from manual inspections towards digital systems intended to make inspectors more efficient.

Mr Adderley said online businesses are subject to the same consumer protection laws as traditional stores and will also fall within the department’s enforcement efforts.

Mr Fitzgerald said enforcement was particularly important in the Family Islands, where residents in some communities have only one or two stores to choose from.

He said consumers in Abaco, Eleuthera, Exuma, Grand Bahama and elsewhere should receive the same protection as those in New Providence.

The minister also issued a pointed warning to inspectors about the pressures that can accompany enforcement in a small country.

“We live in a small country. You will inspect people who you know. You will inspect people who know your family,” Mr Fitzgerald said. “Do not allow familiarity to affect your judgment. Do not allow pressure to influence how you apply the law.”

He told inspectors to apply the rules consistently and without favouritism.

“An inspector who cannot be influenced is the strongest protection a consumer can have,” Mr Fitzgerald said. “And let me add this: if anyone attempts to pressure you or influence your work, I personally want to know about it, and I will visit that business myself, and I'm serious about that.”

Mr Fitzgerald said the government’s efforts to lower the cost of living, strengthen consumer protection and promote fair competition would ultimately be judged by what consumers experience at the cash register.