Restoring balance and maintaining relationships with consumers
The Consumer Remediation Guidance will help businesses put things right for consumers after a likely breach of one of the laws the Commission enforces.
The guidance is intended to assist any business when they become aware of an issue, to conduct a ‘root cause’ analysis, to take steps to correct whatever gave rise to the issue, and to work through a structured process to compensate affected consumers (whether that be by monetary and/or non-monetary remedies).
This guidance relates to proactive remediation undertaken by a business and is intended to be high-level generalised guidance to assist businesses in understanding the Commission’s view as to how to conduct a structured and consumer-focussed remediation process.
The principles in this guidance are ones to which the Commission is likely to have regard in any discussion with parties contemplating a remediation process.
If the Commission subsequently investigates a business for potential breaches of law, any early identification of issues and remediation that the business has provided to affected consumers will be taken into account in the Commission’s assessment of the appropriate enforcement response.
We encourage you to use this guidance and share with your networks.
If you would like to find out more about the Remediation Guidance and what it means for business please watch this recording of a recent webinar.
On 11th October 2023 the Commerce Commission ran a webinar presented by Wiremu Lourie, Vanessa Horne, Andrew Riseley, Louise Unger, and Crystal Euden who shared the guidance and presented the high-level principles. At the end of the session a panel discussion was held answering questions from the audience.
