Every consumer of non-bank financial services products and services is entitled to basic consumer rights, irrespective of their status or standing in society. It is therefore important for the consumer to bring attention to these rights when with their financial services provider (FSP) if a dispute arises. The mandate of the Ombudsman of Financial Services (OFS) is to resolve non-bank financial services disputes in a fair and accessible way, in order to uphold good practice in the financial services industry. Your rights as a consumer are protected by law; it is called the Consumer Credit Act of 2016 (CCA).
The Consumer Credit Act provides for the following rights:
The right to complain and redress - Section 48 stipulates that it is the customer’s responsibility to provide written notice to a credit provider where the customer disputes a particular credit or debit in a credit agreement. It is your right and responsibility to ensure that you follow the redress mechanisms in place. First, you must report the complaint to your FSP (CCA, 2016, section 100 1(a) and 1(b)). If your FSP does not address your complaint, or you are not satisfied with the FSP’s response, you may escalate it to the Ombudsman of Financial Services (OFS) at complaints@ombudsfs.org.sz.
The right to privacy – In terms of section 73 of the CCA, as a consumer, you have a right to enjoy lawful personal credit information privacy, and you should be protected from and against unauthorized use of such personal credit information. As the consumer, you have a reasonable expectation of privacy regarding your personal information and transaction patterns. FSPs may use and disclose your confidential consumer credit information only for the purposes for which it was collected, except by your written consent as the consumer or as expressly permitted by the laws of Eswatini or as directed by an order of a court or an instruction of the Regulator
The right to be heard – Consumers have the right to be given numerous opportunities and channels to express their complaints, suggestions, and feedback regarding service delivery.
The right to be notified when credit information will be submitted to a credit bureau – In terms of Section 79 of the CCA, you have the right, as a consumer, to be notified by a credit provider before any information relating to you is submitted to a credit bureau. You also have the right to request and obtain a copy of the information that the credit provider intends to submit.
The right to be informed - receive information in plain and understandable English (CCA, 2016, section 29).
The right to choose - The consumer has a right to select their preferred FSP, product and/or service, where multiple options exist.
The right to receive a notice in writing from the credit provider that you are in default (section 100)
The Responsibilities of the consumer
While rights empower consumers, responsibilities ensure they actively protect their own interests and contribute to a fair marketplace.
- Exercise Consumer Rights: Consumers must actively use their rights, such as lodging complaints and making informed choices.
- Be Cautious: Consumers should verify product details like price, quality, and quantity.
- Deal with only licensed financial institutions: It is also your responsibility to ensure that, as a consumer, you only deal with licensed financial services providers (FSP’s). Consumers can go to the website of the Financial Services Regulatory Authority (FSRA) https://www.fsra.co.sz/ to see a list of licensed FSP’s.
- Accuracy: Consumers have a responsibility to ensure that their credit records and/or information are up to date and the same as their credit records.