Law Summary
Definitions of Key Terms
- Business Establishment: Includes natural or juridical persons, single proprietorships, partnerships, corporations, government entities engaged in selling goods or services.
- Change: The excess payment returned to the consumer after a purchase.
- Consumer: Any natural person paying in cash for goods or services.
- Goods: Tangible property bought, sold, or possessed temporarily or permanently.
- Gross Sales: Total invoice value of sales prior to discounts, allowances, or returns.
- Insufficient Change: Change given that is less than what is due.
- Price Tag: Labels indicating retail price including taxes.
- Services: Commercial activities enabling the supply or use of goods or intellectual property.
- Shortchange: Giving insufficient or no change to the consumer.
Obligations and Prohibited Acts of Business Establishments
- Business establishments must give exact change without waiting for consumers to request it.
- Shortchanging, even by a small amount, is unlawful.
- Giving change in forms other than currency or seeking exemption from law provisions is prohibited.
- Price tags must show exact retail prices inclusive of taxes.
- Establishments must display conspicuous signs noting that prices include taxes.
Complaint Filing Procedures
- Consumers must submit a written complaint to the Department of Trade and Industry (DTI) within 10 working days of violation.
- DTI must investigate and notify the business within 10 working days after submission.
- DTI issues decision and findings within 30 days after receiving the complaint.
- The law does not limit consumer rights under other laws.
Penalties for Violations
- First Offense: Fine of P500 or 3% of the violator’s gross sales on the day of violation, whichever is higher.
- Second Offense: Fine of P5,000 or 5% of gross sales.
- Third Offense: Fine of P15,000 or 7% of gross sales; license suspension for 3 months.
- Fourth Offense: Fine of P25,000 or 10% of gross sales; license revocation.
- Establishments must also pay to the complainant the total amount of withheld change determined by DTI's audit.
Implementation and Administrative Rules
- The DTI will draft necessary implementing rules in consultation with stakeholders within 120 days from effectivity.
- DTI will conduct an information campaign to educate consumers about the law.
- Regular publication of violators' list to promote transparency.
Legal Provisions
- If any section is invalid, the remainder of the law remains effective (Separability Clause).
- All laws or regulations inconsistent with this Act are repealed, amended or modified accordingly.
- The Act takes effect 15 days after publication in the Official Gazette or major newspapers.