Consumer protection in Gambia

The Gambia Competition and Consumer Protection Commission (GCCPC), under the Ministry of Trade, administers the Consumer Protection Act 2014, the Competition Act 2007 and the Essential Commodities Act 2015. The law covers goods, services, contracts, distance selling, unsafe products, unfair terms, misleading advertising and essential commodities. Employment contracts belong outside this subject. Banking, shopping and general civil-law matters may be relevant only where they affect a consumer transaction. Consumers have the right to timely and sufficient information about price, characteristics, quality and risks. Suppliers should provide goods and services that are reasonably fit for their general purpose and any specific purpose disclosed to the supplier, of suitable quality, in working order, free from defects and reasonably durable. National standards may also apply. A disclosed condition, a second-hand sale or an auction can affect the usual expectation about condition. A blanket statement that goods can never be returned is not a lawful interpretation of consumer protection rules, although a consumer cannot demand a return merely because another seller later offers a lower price. A contract should be clear and understandable. A standard-form contract should be available in English and, on request, explained in a language the consumer can understand. Terms affecting a vulnerable consumer should be reasonable, and a contract cannot lawfully remove statutory consumer rights. A credit-linked purchase should state the cash price, origin, care requirements, components, hazards and use, together with the interest rate, arrears rate, instalment number and frequency, total amount payable and fees. A receipt, invoice, ticket or comparable business record should show the date of delivery or performance, delay consequences, included components or accessories, prices, taxes and charges, warranty scope and duration, enforcement place and available remedies. Food labels should identify the manufacturer, producer or packer, address, production date, expiry date and nutrient content where applicable. When goods are defective or unsuitable, the consumer may seek return or replacement. A material defect or hazard can support withdrawal from the transaction, repair or replacement at the supplier's expense. Depending on the circumstances, remedies can also include cancellation or rescission, contract revision, a price reduction, a refund, interest, compensation, damages and collective proceedings. If a supplier cannot honour a commitment or reservation, the consumer may seek a refund and compensation for resulting loss. A repair provider should give a written estimate, describe the repair, list labour and other costs, state when the item will be ready and obtain a written consumer decision before carrying out additional work. Distance and digital transactions require pre-contract information about the supplier's identity and physical address when advance payment is required, the main characteristics, total price including taxes, delivery, payment and performance terms, communication costs, offer validity and any minimum duration. A draft contract should allow the consumer to accept or decline and correct errors before conclusion. Electronic documents are recognized. An order should normally be completed within 30 days unless the parties agree otherwise; if the supplier does not perform, the consumer can give notice and seek a refund within 30 days. A supplier-initiated standard-form contract made away from ordinary business premises has a seven-day retraction period. The reviewed evidence does not show a dedicated comprehensive e-commerce consumer regime, so current practical assistance generally depends on the GCCPC and the relevant sector regulator. The Ministry of Trade and Industry policy action plan calls for review of the existing framework for e-commerce and emerging issues. A general complaint to the GCCPC can be filed in writing or on the prescribed form by a consumer who bought or agreed to buy, a recognized consumer association, a consumer group or the State. Filing normally must occur within two years of the cause of the complaint; a later filing needs good cause. A fee applies, with the amount depending on the value or magnitude of the claim. The GCCPC may reject a trivial, frivolous, bad-faith, unreasonably delayed or insufficient-interest complaint, or one better suited to another forum, and should give written reasons. The usual process begins with the supplier or competent sector regulator, continues through the GCCPC Consumer Protection Directorate, and may proceed to assessment, referral or alternative dispute resolution. An unresolved matter can reach a Consumer Protection Tribunal after Directorate vetting and forwarding. A Tribunal decision can be appealed to the High Court within 30 days. The GCCPC lists its office at 36 Kotu East, KMC, with info@gcc.gm and +220 4466793. The Public Utilities Regulatory Authority (PURA) covers electricity, water and sewerage, telecommunications, downstream petroleum and broadcasting, but not banks. A consumer should first complain to the company and may then use PURA's free 148 Call Center, email, a walk-in submission or a written complaint. The submission should state the consumer's name and contact details, company, account or meter number, problem, bills, receipts and relevant correspondence. PURA sets or approves tariffs, service-quality standards and procedures for dispute handling, and may mediate or issue a regulatory decision. Disconnection generally requires an approved procedure, notice and a reason, except in cases such as an illegal connection or an immediate safety risk. Consumers must pay on time, report faults and leaks promptly, follow safety requirements, protect equipment and provide accurate application information. PURA's 2024 provider complaint data shows the practical weight of utility and communications problems: NAWEC accounted for 53% of recorded provider complaints, Africell 18%, QCell 11%, Gamcel and Gamtel together 10% and Comium 6%. Common issues included customer service, tariffs and billing, faulty meters, burst pipes and water outages. PURA handles GSM, internet, airtime, billing, customer service and quality complaints. For unsolicited messages and value-added texts or automated marketing calls, HELP can be sent to 1040 for opt-in categories and STOP can be sent to 1040 to end them; non-compliance may lead to a D50,000 fine. PURA's national institutions and regional access, including outreach through Bantaba, are more relevant than a separate municipal consumer office, which the reviewed evidence does not identify. The Central Bank of The Gambia (CBG) Financial Supervision Department licenses, regulates and supervises banks and states protection of financial-system users as part of its mandate. Mobile-money services are governed by the Mobile Money Regulation 2011, which requires consumer-protection and risk-management standards; CBG publications identify Afrimobile Money and QMoney Financial Services among providers. For a banking or mobile-money complaint, use the provider's internal complaint process first and then contact CBG supervision. A public complaint ombudsman, fixed complaint service level and current fee schedule were not clearly evidenced in the reviewed CBG material. Insurance regulation includes a Complaints Bureau, but a current public consumer workflow was not clearly documented. Payment fraud may also require a criminal complaint. The Food Safety and Quality Authority (FSQA) is the national competent authority for local, imported and exported food and animal feed. It provides food-safety control, inspection and education and lists the toll-free number 1299. A complaint about sold food should normally begin with FSQA. The Medicines Control Agency (MCA) handles the efficacy, quality, safety, registration, licensing, import, manufacture, labelling, promotion, sale, distribution, advertising, pharmacovigilance and recall of medicines and medicinal products. Consumers can submit product complaints to the MCA; pharmaceutical-product complaints may also go to the Pharmacy Council. A serious unexpected adverse medicine reaction should be reported within 15 calendar days, with an acknowledgement target of 10 working days. A responsible market actor should normally notify a recall within 24 hours. A flight or airline complaint can be submitted in writing to the Director General of the Gambia Civil Aviation Authority (GCAA) concerning a breach of an Act or regulation. GCAA may investigate when the provider's response is unsatisfactory or there are reasonable grounds, but it may dismiss a complaint without actionable facts. The reviewed official sources identify no dedicated consumer body for hotels, package tours or travel agents; the supplier should be contacted first and unresolved goods or service contract issues can generally be presented to the GCCPC. The GCAA lists Banjul International Airport, info@gcaa.aero and +220 4472831. The Weights and Measures Bureau of the Ministry of Trade handles complaints about the weight or measure of sold goods. The Gambia Standards Bureau supports standards and metrology. The Legal Metrology Bill 2024 is evidence of a proposed reform, not of an enacted current law. Commercial deception includes passing off, false claims about source, approval or affiliation, false price reductions, bait advertising, advertising without an intention to supply, coercion, undue influence, misleading advertising, unjustified bundling and price manipulation. The advertiser bears the burden of proving the truth of an advertising claim. Possible remedies include performance, equivalent goods or services, cancellation, refund, compensation, recall, replacement and damages. Where no specific penalty applies, a statutory breach can carry up to D1,000,000 and/or up to five years' imprisonment; a Tribunal can impose an enterprise penalty of up to 10% of turnover during the breach for a period of up to two years. Commercial deception should be reported to the GCCPC. Regulated payment or mobile-money fraud should be reported to the provider and CBG, while online fraud may also require the Gambia Police Force under the national cybersecurity policy. The GM-CSIRT has an operational cybersecurity role, but the reviewed evidence does not identify a dedicated public cyber-fraud portal. Emergency police assistance is available on 117. The Office of the Ombudsman investigates injustice, unfair treatment, abuse of power, maladministration, discrimination and corruption by public officers. Its recommendations-focused process does not replace commercial redress through the GCCPC or a sector regulator.