SOBRE LA FAMILIA Y SUS GENERALIDADES 1 ¿Qué es la familia?

Generally, the essence of consumer protection is underscored by the need to prevent suppliers from exploiting the vulnerability of consumers. This need appears to arise from reasons including: the disparity between the bargaining power and resources of the consumer and that of the supplier, and the disparity between the knowledge of a supplier

520 F Monye, Law of Consumer Protection (Ibadan: Spectrum Books Ltd, 2003) p.19.

521T S Shankyula, „An Analysis of the Market Economy Approach to Consumer Protection‟, Nigerian Institute of Advanced Legal Studies, Journal of Business Law, 64, available at <http://www.nials-nigeria.org/journals/Shankyula%20Tersoobus.pdf> last accessed on 30 March, 2016. See also G Howells, „Consumer Representation‟, (1993) 17 Consumer Law Journal ,18.

522 G Ruhl, „Consumer Protection in Choice of Law‟, (2011) 44 Cornell International Law Journal, 571.

523 Ibid.

524 Ibid.

and that of the consumer with respect to a products or service.⁵²⁵Also, there is the assumption that suppliers given their expertise and knowledge can manipulate demand and prices to the determinant of consumers and also diminish the ability of consumers to make choices.⁵²⁶ In the telecommunications context, the essence of consumer protection is noted to arise from two major reasons. The first reason is that telecommunications services “are considered to be so important to people‟s lives that measures have been put in place to ensure that people have access to them, and are not prevented from using them”.⁵²⁷ The second reason is that following the end of the era of monopolies in telecommunications markets, regulation has been necessary to ensure the development of competitive markets. In this respect, the introduction of competition is seen as being favorable to consumers in terms of choice, cost and quality services.⁵²⁸ Also, regulatory intervention to promote competition has usually sought to uphold a minimum set of consumer rights.⁵²⁹ However, with the introduction of competition in telecommunications markets it may seem in theory that the need for sector specific consumer protection may not exist, because a consumer who is dissatisfied has the option of simply switching to a service provider that offers better services. Also, the availability of alternative services due to competition may also seem in theory that every telecommunications service provider that wants to remain in business has to ensure that its subscribers are satisfied with the service they getting in order to ensure that they do not switch to a competing

525B B Kanyip, „Consumer Redress‟, (1998) 2 (2) Modern Practice Journal of Finance and Investment Law,76.

526C J Mgbeokwere, „Consumer Protection under the Communications Act 2003: A Critical Appraisal‟, A Master of Laws (LL.M) Thesis Submitted at the Faculty of Law, University of Ibadan, March 2009, p.7.

527 E Newman, „Consumer Protection and Telecommunications‟, in I Walden (ed) Telecommunications Law and Regulation (Oxford: Oxford University Press, 2012) p.453.

528 Ibid.

529 Ibid.

service provider.⁵³⁰ Nevertheless, despite the introduction of competition in telecommunications markets, the continued provision of sector specific consumer protection measures is justified on the basis that “competition alone may not be enough to satisfy the needs of all citizens and protect users‟ rights”. Consequently, additional measures such as consumer protection laws are needed to help “balance the respective bargaining positions of consumers and the [telecommunications] companies with whom they contract.” ⁵³¹ Another justification for sector specific consumer protection measures in telecommunications is that such measures enhance consumer confidence and also stimulate consumer demand⁵³² and market competition.⁵³³

Specific consumer rights in telecommunications include: the right to information; the right to quality of service; the right to access services; the right to privacy of communications data; the right to the confidentiality of subscriber data; the right to make complaints; the right to the portability of telephone numbers; the right to terminate or change a service contract; the right to block unsolicited advertisements; the right to accurate billing; the right to compensation in case of service interruptions, and; the right to access emergency numbers.⁵³⁴ Currently, many countries including Nigeria have established sector specific consumer protection regimes for telecommunications.⁵³⁵

530E Newman, „Consumer Protection and Telecommunications‟, in I Walden (ed) Telecommunications Law and Regulation (Oxford: Oxford University Press, 2012), p.454.

531 Ibid, p.455.

532 R Stevens, Consumer Protection: Meeting the Expectations of the Connected Consumer, GSR Discussion Paper (Geneva: ITU, 2009) p.4.

533 E Newman, „Consumer Protection and Telecommunications‟, in I Walden (ed) Telecommunications Law and Regulation (Oxford: Oxford University Press, 2012) p.455.

534R Stevens, Regulation and Consumer Protection in a Converging Environment (Geneva: ITU, March 2013). See also Consumer Protection Council, A Compendium of the Rights of Telecom Subscribers in Nigeria (Abuja: Consumer Protection Council, 2014).

535 R Stevens, Consumer Protection: Meeting the Expectations of the Connected Consumer, GSR Discussion Paper (Geneva: ITU, 2009) p.4.

4.3 The Consumer Protection Regime in the Nigerian Telecommunications Industry Consumer protection issues in the Nigerian telecommunications industry include:

poor quality of service; inadequate protection of subscriber data; high incidence of unsolicited communications including advertisements, telemarketing and caller tunes;

high incidence of billing for unsolicited services; poor customer service; high tariffs;

inadequate legal protection of subscriber communications, and; the influx of sub-standard telecommunications devices.⁵³⁶ These issues will be elaborately examined within the context of the NCA and its subsidiary legislations as well as other regimes including the Standard Organization of Nigeria (SON) Act and the Consumer Protection Council (CPC) Act. The NCA and its subsidiary legislations establish a comprehensive sector specific regime for the protection of consumers in the telecommunications industry.⁵³⁷ The CPC Act establishes a general legal framework for the protection of consumers in Nigeria,⁵³⁸ while the SON Act establishes a framework for the standardizing and certifying products in Nigeria in order to ensure quality control.⁵³⁹