If your noise-cancelling headphones fail to block outside noises, maybe a refund is in order. DEAN DUNHAM answers the question.
consumer-law-rights-when-noise-cancelling-headphones-dont-deliver
When purchasing noise cancelling headphones, consumers expect specific features, including efficient noise isolation. However, some users report that they can still hear people talking near them when wearing the headphones. In such circumstances, can a refund be requested?
Upon buying faulty or non-performing noise cancelling headphones, consumers may have a right to a refund under consumer laws. To determine if consumer law applies, it is essential to assess the product's description and its actual performance. If the headphones are not noise cancelling as advertised, or if they do not function correctly, consumer law protections may apply.
In the first instance, contact the retailer and ask them to examine the headphones and demonstrate their capabilities. If it becomes apparent that the headphones are either faulty or not noise cancelling, and the purchase was made within the last 30 days, consumers can invoke the 'short-term right to reject' under the Consumer Rights Act 2015. This provision allows consumers to demand a full refund.
For purchases made beyond 30 days, the remedy offered may be repair or replacement instead of a cash refund. Nevertheless, the retailer remains obliged to provide some sort of remedy.
It's also possible that the headphones are marketed as noise cancelling but fail to perform satisfactorily. In such a case, this may constitute a breach of both the Consumer Rights Act (for failing to meet satisfactory quality standards) and the Digital Markets, Competition and Consumers Act 2024 (DMCC), due to misleading commercial practices related to the promotion of the headphones as noise cancelling.
If the headphones do not meet the advertised noise cancelling specifications, a new law, the Digital Markets, Competition and Consumers Act 2024 (DMCC), comes into effect. Under the DMCC, it is considered a misleading commercial practice to market headphones as noise cancelling when they do not possess that ability, regardless of the purchase date. In such circumstances, consumers are entitled to a refund.
If the retailer fails or refuses to provide the appropriate remedy, consumers can make a chargeback claim if the purchase was made with a debit or credit card within the last 120 days. This involves asking the card provider to reverse the transaction by reclaiming the money from the retailer's bank.
For consumers outside this timeframe and those who paid using a credit card for purchases of at least £100, the Section 75 claim can be utilised. To do this, consumers inform their bank or card provider that there has been a breach of contract as the trader has breached the Consumer Rights Act and/or the DMCC.
Regarding another consumer issue, M.N. from Dover inquired about taking a holiday and receiving their Jobseeker's Allowance. The obligation to inform the Department for Work and Pensions (DWP) of any holiday applies to both the old and new style Jobseeker's Allowance. As those in receipt of these benefits are required to actively seek work and attend appointments, it may not be possible to do so while on holiday.
However, there are exceptions and temporary absences allowed for specific reasons, such as urgent medical treatment or attending a relative's funeral. To notify the DWP of a forthcoming holiday or other changes in circumstances, contact the JSA helpline or write to the Jobcentre Plus office that pays the benefits. Failure to inform the DWP can result in the withdrawal or reduction of benefits, as well as a £50 fine, potentially escalating to a £5,000 fine in severe cases involving fraud.
For other benefits, check the obligation requirements regarding notifying specific circumstances or events, as it may be challenging to have a benefit restored once terminated.
References
[1] Digital Markets, Competition and Consumers Act 2024 (Australia)[1] Australian Competition and Consumer Commission, 'Consumer Guarantees', https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees
- Consumers may have the right to a refund when purchasing pensions or investing in a technology-related product, such as smartphones or gadgets, if the product does not meet the advertised specifications, such as insufficient noise cancelling capabilities, under the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024 (DMCC).
- When purchasing pensions or investing in technology, it is essential to be aware of the obligations to inform relevant authorities of any changes in circumstances, such as taking a holiday, particularly for those receiving Jobseeker's Allowance. Failure to do so can result in the withdrawal or reduction of benefits, as well as penalties.
