NCA gets undertaking from Envirocare Pollution Control Ltd
26 January 2009
The National Consumer Agency undertook an investigation into Envirocare Pollution Control Ltd following receipt of a complaint alleging that the company had been misleading consumers
(a) by installing a sewage treatment plant without an alarm system;
and
(b) that the system was Irish Agrément certified (IAB approved) when it failed to comply with the conditions attached to the certification by requiring payment of up to €200 for inclusion of an alarm system
Following an investigation by the National Consumer Agency, which included verifying with the NSAI, the actual conditions attached to the IAB certification, it concluded that Envirocare Pollution Control Ltd had breached the provisions of the Consumer Protection Act 2007.
Arising from its investigation, the NCA decided to accept a formal undertaking and agreement from the company as provided under Section 73 of the Act.
Under the terms of this agreement and undertaking, Envirocare Pollution Control Ltd agreed to:
- Comply with the general prohibition on misleading commercial practices
- Make immediate arrangements to compensate consumers prejudiced by the misleading commercial practices in which it has engaged; and
- Refrain from representing or marketing the sewage treatment plant as certified by the Irish Agrément Board without meeting the full conditions of the certification
Welcoming the decision by Envirocare Pollution Control Ltd to give a formal undertaking, the Chief Executive of the National Consumer Agency, Ann Fitzgerald, said: “The Agency is committed to ensuring that businesses fully comply with the requirements of the Consumer Protection Act and not mislead consumers. It will use whatever tools are necessary to do this.
"I am glad that Envirocare Pollution Control Ltd accepted their obligations and agreed to compensate consumers who may have been disadvantaged by the company’s advertising practices."