Bill 687.

Summary.

The bill amends Article 56 of Law 45 of October 31, 2007, concerning price information. It would require establishments selling consumer goods to display the cash price clearly, accurately and where the public can see it. Suppliers would be prohibited from using practices that could confuse, mislead or deceive consumers about the price of goods or services offered. The amended article addresses how prices are displayed, what amount may be charged and the conditions governing charges for certain services.

A supplier of goods or services would have to accept payment of exactly the price advertised or printed in the establishment or on the item. An exception would apply if it is shown that the consumer altered that price. Where a supplier has marked more than one price on a product, the lowest would prevail, and the supplier would have to sell the product at that price. The provision would allow the price to include financing costs for credit sales, charges for legally established national taxes or fees, and additional charges that are not inherent in the subject of the consumer transaction.

A tip or gratuity for a service would be voluntary. It could therefore not be added to the agreed or advertised price, except for a precontracted service that specifies a tip charge. A supplier could not suggest a tip verbally, in writing, electronically, in print, digitally or through any other means used to communicate a charge. If a customer chooses to give a tip, that choice would have to be voluntary and free of any suggestion or insinuation. These provisions form part of the amended article's rules on price information and payment for goods and services.

For parking rentals, the supplier would have to post the price and service conditions on a visible sign measuring four by eight feet, with reflective lettering at least twenty centimeters high. If 100% of the time used is charged, the sign would have to state that the establishment does not offer its customers free parking and would also display the rates and conditions. Where the parking operator undertakes to provide a space for a variable period that has not been fixed in advance, charging by a fraction of time or rounding upward would be prohibited. In that case, the price would have to be set per minute of parking.

Article 2 expressly identifies the amendment to Article 56 of Law 45 of October 31, 2007. Article 3 provides that the proposed law would take effect upon promulgation. The public bodies named in the bill are the National Assembly (Asamblea Nacional), through which the bill is being considered, while the provisions concern commercial establishments, suppliers of goods and services, parking operators, consumers and users who pay the advertised prices.