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No laws in B.C. to force businesses to offer refunds, even during a pandemic

Black Press Media talks to Consumer Protection BC on how to navigate during COVID-19
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Consumer Protection BC spokesperson, Tatiana Chabeaux-Smith, said that not panicking and trying to negotiate is the best option during the ongoing pandemic. (Pixabay photo)

As business owners navigate this unprecedented pandemic, in B.C. and around the world, consumers are also having to figure out how to balance their bank accounts, including the return of merchandise or cancellation of services.

But British Columbians should be prepared to see some companies, big and small, denying them full refunds 鈥 even if the service didn鈥檛 happen due to COVID-19.

鈥淚n B.C., there is no law that dictates that a business has to give you a refund, exchange or return,鈥 explained Consumer Protection BC spokesperson Tatiana Chabeaux-Smith.

鈥淎 store gets to set their own policy.鈥

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Chabeaux-Smith said a consumer should always understand the terms and conditions laid out by a business, but noted that it wouldn鈥檛 be unusual that a business didn鈥檛 have a policy for these unforeseen times. That has made for a difficult situation for the thousands of consumers who may be having to pull back financially and the businesses trying to stay afloat.

鈥淪tart with the business, ask them what is possible,鈥 Chabeaux-Smith advised. 鈥淪ee if you can get somewhere. Be patient with one another. There is no guideline.鈥

Consumers look to buy gift cards in order to support local

With many businesses forced to shut doors until further notice, the Better Business Bureau and other business groups are encouraging consumers to buy gift cards as a way to support the business financially now, and cash in on the service once this pandemic is over.

Chabeaux-Smith said gift cards can鈥檛 expire, but warned that gift certificates for a specific service can, as long as the expiry date is clearly listed.

The length of expiry can vary and is completely up to the businesses鈥檚 discretion, because 鈥渢he cost of delivering a service changes over time.鈥

Regulations dictate that a business has to be upfront about when a gift certificate expires. If it does expire, there are no guidelines that dictate a business owner must allow the dollar amount to be used as credit.

鈥淚f you want a gift card that doesn鈥檛 expire, my advice would be to go for a dollar value,鈥 Chabeaux-Smith.

But her advice comes with one caveat 鈥 if a business is forced to close, don鈥檛 expect that money back.

鈥淚f they declare bankruptcy, all the creditors get put into a big bucket, and rent or something else will get priority,鈥 she said.

Price gouging can be reported: here鈥檚 how

While there is no regulation on refunds in the province, there is a law on price gouging and that鈥檚 where Consumer Protection BC can step in.

Anyone who suspects a business is taking advantage of the pandemic by drastically increasing the prices on certain items can . Chabeaux-Smith said that photos and other evidence of alleged price gouging helps the investigator.

If a business is found to be at fault, the regulator starts first with education but can escalate enforcement to cease and desist letters.

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ashley.wadhwani@bpdigital.ca

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About the Author: Ashley Wadhwani-Smith

I began my journalistic journey at Black Press Media as a community reporter in my hometown of Maple Ridge, B.C.
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