Consumer disputes

Disputes with consumers in Belarus

Consumer disputes are a special category of civil cases, which often involve small and medium-sized businesses. The consumer, by default, is a less protected party to the conflict; in connection with this current legislation, he is provided with a greater volume of legal benefits and guarantees than private businesses. In particular, when going to court, the consumer has the right not to pay the state fee; the consumer has the opportunity to contact the consumer protection society and receive legal support in court proceedings free of charge, and demand compensation for moral damages for violation of their rights. At the same time, a commercial enterprise is forced to independently look for ways out of the current conflict.

Perhaps for this reason, such a concept as “consumer extremism” arose. The long-term practice of our lawyers shows that sometimes consumers seek to use a service or receive an unreasonably large discount on a product, motivating their demand by a violation of their rights by the seller, although, upon subsequent judicial assessment of the situation, the court comes to the conclusion that the consumer’s claims were not originally grounds.

Of course, a lawyer in a dispute over the protection of consumer rights must first of all help resolve the conflict in a peaceful manner. If the consumer’s claims are clearly outside the legal framework, if there is reason to believe that the consumer is abusing the rights granted, it is necessary, acting in accordance with the law, to choose the appropriate line of legal defense. Our practice shows that the sooner a consumer dispute lawyer gets involved in his work, the higher the chance of achieving an optimal result at the end of a possible legal dispute.

Consumer dispute lawyer

Taking into account the fact that a conflict with a consumer can arise at any time, we cooperate with a number of clients on the basis of contracts under which we provide “subscription services”. This format of work assumes that the client’s employees, if difficulties arise, can quickly contact the lawyer, ask questions, receive oral advice, and agree with the lawyer on an algorithm of actions in the event of complaints from the consumer.

We provide the following legal assistance:

• oral and written consultations;
• participation in negotiations with consumers;
• preparation of a legal position on a consumer dispute;
• representing the client’s interests in government bodies and organizations, including executive committees for the consideration of consumer complaints;
• representing client interests in courts on consumer disputes.

Consumer Lawyer

Often, consumers themselves need legal assistance.

In Belarus, legal assistance in cases of consumer rights protection is provided not only by lawyers, but also by consumer protection societies - public associations that are given the right by the Law of the Republic of Belarus “On the Protection of Consumer Rights” to represent the interests of citizens in consumer disputes.

Consumer rights lawyers provide comprehensive legal assistance, ranging from providing oral consultations, preparing draft claims against the seller, ending with legal support of enforcement proceedings if the outcome of the trial is positive for the consumer.

Dispute with a seller over a low-quality product: consumer action algorithm

Each of us periodically goes to the store to shop or order certain services. But not everyone knows what actions need to be taken if the quality of the purchased product or the result of the service does not meet the requirements established by law.

If you were sold a low-quality product, you have the right to contact the seller with a request to replace such a product, to reduce its price, to eliminate defects in the product at the expense of the seller, or to compensate your expenses for eliminating the defects. In addition, you must understand that by purchasing a product, you become a party to a retail purchase and sale agreement, and if the product sold is of poor quality, you have the right to demand that the contract be terminated and the money paid for the product be returned.

If the seller doubts the validity of your claims, he must accept the disputed product from you and check its quality, including by conducting an appropriate examination. The examination is carried out at the expense of the seller of the goods, and the buyer has the right to participate both in the quality control and in the examination.