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Bangkok Post
Bangkok Post
National

Law reform bid gains support

Visitors inspect a new car on display at the Motor Show 2024 in Muang Thong Thani. The Defective Item Act draft, or the Lemon Law, has won backing from consumers as it allows buyers to request a replacement vehicle or terminate the contract if a safety defect cannot be repaired.(Photo: Pattarapong Chatpattarasill)

An academic at Thammasat University has backed the Office of the Consumer Protection Board's (OCPB) proposed Defective Item Act draft, or the Lemon Law, describing it as a long-awaited step towards fairer treatment of consumers.

The Lemon Law, which received the cabinet's approval this week, provides consumer compensation through repayment, replacement, a discount, or contract termination within a limited timeframe.

The law will limit the presumption of defect to six months for general items and one year for vehicles.

It limits maintenance timelines to 60 days for general items and 90 days for cars, and requires immediate replacement within seven days for general items and 14 days for electronic appliances.

It further mandates the immediate replacement of cars if an irreparable defect is found that could affect driver safety.

The law allowed clients to demand a discount, terminate a contract, or call for damages from service providers if they breached an agreement.

Commenting on the draft, Asst Prof Aimpaga Techa-Apikun, lecturer at the Faculty of Law, Thammasat University, called the law a success after a decade in the making, marking a pivotal milestone in the nation's consumer protection initiatives.

Asst Prof Aimpaga explained that, if passed, it would address any ambiguities and limitations in the Consumer Protection Act, BE 2522 (1979), particularly regarding consumer compensation measures that have often led to recurring conflicts between consumers and providers, while limiting the authority of state agencies, as no measures in the act had stated directly.

Asst Prof Aimpaga praised the law's attempt to clarify the responsibilities for item warranties, as it covered client protection in the event of item repair and defect‑presumption timelines by item category.

She also appreciated the law's attempt to extend legal rights to financial institutions in cases involving product leasing, such as cars and electric vehicles (EVs), which were the most common in consumer protection.

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