What we do

Consumer Affairs has the authority to supervise, monitor and regulate businesses providing consumer goods and services within Bermuda, in accordance with the Consumer Protection Act 1999, industry specific legislation and any Ministerial Regulations or Directions.

Pursuant to formal delegation by the Minister of Home Affairs, Consumer Affairs has been afforded the authority to supervise, monitor and regulate landlord and tenant residential matters in accordance with the Rent Increases (Domestic Premises) Control Act 1978, sectoral legislation and any Ministerial Regulations or Directions. Properties falling under the Rent Increases (Domestic Premises) Control Act 1978 are considered to be “rent controlled properties”.

Following the enactment of the Debt Collection Act 2018 in October 2020, sectoral legislation and Ministerial Regulations, Consumer Affairs has been appointed with the authority to supervise, monitor and regulate the commercial activities of registered debt collection businesses operating within Bermuda.

Consumer Goods & Services

Given the legislative obligations imposed on Consumer Affairs, the role of the Consumer Affairs staff is to ensure that commercial entities providing consumer goods and services do not subject their consumers to “unfair business practices”, “unconscionable acts” or products unsafe for consumer consumption or use.

Under the Consumer Protection Act 1999 ("CPA"), the definition of a “consumer good” excludes the following:

Water;
Food;
Controlled drugs as defined under the Misuse of Drugs Act 1972;
Tobacco or tobacco products;
Pharmaceutical or medicinal products available pursuant to a prescription; and
Financial service providers.

Under the Consumer Protection Act 1999 a "consumer" is defined as being a person to whom goods or services are or may be supplied but does not include a person who receives the goods or services in the course of a business carried on by him. Consequently, Consumer Affairs is restricted from providing regulatory support in circumstances where both parties to the matter are commercial entities.

The legislative framework governing the provision of consumer goods and service within Bermuda is beneficial for promoting fair competition as it serves to dissuade disreputable businesses practices. Businesses found to operating in contravention of Consumer Affairs’ governing legislative framework may be subject to directions, financial penalties, punitive damages and/or imprisonment.

Although Consumer Affairs has the authority to conduct mediation, investigations and enforcement proceedings, Consumer Affairs does not have the legal authority to:

Demand apologies from businesses on behalf of consumers;
Pursue an unmerited complaint;
Provide formal legal advice or legal representation on behalf of consumers;
Act in response to receipt of anonymous complaints filed by consumers.

In addition to protecting consumers from “unfair business practices” and “unconscionable acts”, Consumer Affairs is responsible for informing the general public of:

Product recalls;
Conducting consumer market research;
The mediation of disputes between parties upon request;
The undertaking of investigation and enforcement proceedings; and
All other tasks assigned to the Consumer Affairs by the Board and the Rent Advisory Panel.

Landlord and Tenant rent control

Consumer Affairs serves as a source of information and support for both landlords and consumers prior to entering into, or during the term of, tenancy agreements. Such advice and support may include, but is not limited to:

Providing guidance regarding potential breaches of contract;
Undertaking investigations pursuant to rent increase requests for premises falling under the remit of the Rent Increases (Domestic Premises) Control Act 1978;
All other tasks assigned to Consumer Affairs by the Consumer Affairs Board and the Rent Advisory Panel; and
Vacation rental certification of rent controlled properties.

In addition to its primary legislative obligations, Consumer Affairs is responsible for:

Regulating how much and how often rent can be charged for premises falling under the Rent Increases (Domestic Premises) Control Act 1978;
The imposition of limits on the quantification of rental unit damage deposits;
The education of landlords and tenants of their rights and responsibilities under the Landlord and Tenant Act 1974, the Rent Increases (Domestic Premises) Control Act 1978 and Rent Increases (Scientific Research Institutions) Order 1975; and
Conducting inspections of residential rental dwellings in response to rent increase applications.

As part of its regulatory obligations, Consumer Affairs must consider the following when managing a landlord and tenant matter:

Whether the residential premise under consideration has an annual rental value higher than $22,800;
Whether the residential premise under consideration is subject to a tenancy agreement where the tenant is an employee of the landlord and the rental unit forms part of the employment contract;
Whether the residential premise under consideration has been certified as a vacation rental unit;
Whether the residential premise under consideration is normally occupied by a landlord who wishes to let the residential unit during his temporary absence from Bermuda for less than one year; and
Whether an individual enjoys a life tenancy over the residential unit

Debt Collection

With regards to the supervision, monitoring and regulation of debt collections agencies that have been appointed by creditors seeking assistance in obtaining outstanding monies from debtors, Consumer Affairs has been assigned supervisory and regulatory obligations pursuant to the Debt Collection Act 2018.

It is worth noting that the legal remit of Consumer Affairs is restricted to the oversight of debt collection agencies. Consumer Affairs does not have legal authority to regulate the debt collection practices of creditors who personally seek repayment for monies outstanding from their debtors.

Consequently, Consumer Affairs has placed an emphasis on informing debtors as to what may be considered an “unfair debt collection practices” that may be undertaken by debt collection agencies as these legislative obligations are not currently imposed on creditors personally collecting outstanding debt.

Furthermore, Consumer Affairs intends to ensure that consumers are informed on how to personally manage the debt collection practices of their respective creditors and debt collection agencies.

Who we are

In support of the Consumer Affairs Board, the Consumer Affairs staff is comprised of a small team of dedicated individuals that play a critical role in supporting the development of a dynamic and innovative Bermuda economy by building consumer trust and confidence.

Consumer Affairs is dedicated to serving Bermuda’s consumers and retailers. It is the mission of the Consumer Affairs staff to strive for regulatory excellence at all times while operating with the highest standards of integrity, efficiency and service.

Our dedicated team is comprised of the following members:
‍
Karen Marshall
Executive Officer

Paula Carlington
Enforcement Officer

Rhonda Daniels
Enforcement Officer

Thomas Matvey
Enforcement Officer

N/A
Business & Community Liaison Officer

Heather Marshall
Administrative Officer

Patrice Simmons
Administrative Assistant

Lavonne Bean
Administrative Assistant

Executive Officer

The Executive Officer is primarily responsible for managing the Consumer Affairs office, setting the direction of Consumer Affairs, and coordinating the efforts of all staff in ensuring effective delivery of its mandate and commitments.

The Executive Officer oversees projects with both local and international partners, prepares all necessary paperwork for court proceedings, reviews, develops, amends legislation when necessary and issues enforcement orders when required.

Enforcement Officer

Enforcement Officers are tasked with the responsibility of enforcing legislative frameworks governing the provision of consumer goods and services, landlord and tenant matters falling under the remit of the Rent Increases (Domestic Premises) Control Act 1978 and debt collection businesses licensed pursuant to the Debt Collection Act 2019.

In response to consumer requests, Enforcement Officers investigate complaints in order to:

Provide consumer guidance on how to seek redress if subjected to unfair trade practices;
Provide guidance to tenants and landlords of properties falling under the Rent Increases (Domestic Premises) Act 2018;
Monitor businesses operating in contravention of Consumer Affairs' governing legislative framework;
Monitoring debt collection agencies operating in contravention of the Debt Collection Act 2018; and
Issuing enforcement orders as required.

Business & community LIAISON Officer

Responsible for the development and publication of educational materials, commercials, advertisements, conducting training seminars for the public and private sectors, public speaking, industry research and market analysis, legislative analysis, web-site maintenance, and the drafting of formal reports.

The Business & Community Liaison Officer oversees various forms of media to educate the community of the laws that govern consumer transactions and landlord and tenant relationships while promoting the services provided by Consumer Affairs.

Administrative officer

The Administrative Officer is the public’s first point of contact for filing a complaint and records, screens and evaluates the validity of case placement within Consumer Affairs.

The Administrative Officer also manages all administrative and accounts processes, complaint intake, the Case Management System and product recall services.

Administrative assistant

The Administrative Assistant is responsible for providing a range of compliance and administrative duties in support of the Executive Officer and Enforcement Officers. The Administrative Assistant is the front line person responsible for managing the daily functions of Consumer Affairs.

About us

What we do

Who we are