Strengthening Consumer Protection in Serbia

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Strengthening Consumer Protection in Serbia
EuropeAid/129680/C/SER/RS
ACTIVITY 3.1. PUBLIC OPINION SURVEYS
SUMMARY OF THE TWO SURVEYS ON CONSUMER AWARENESS
CONDUCTED IN SERBIA IN 2011 AND 2013
JOHAN SJOSTRAND, SENIOR SHORT-TERM EXPERT
GRAZYNA ROKICKA, KEY EXPERT ON CONSUMER PROTECTION
31st January 2014
The views expressed in this report are those of the expert(s) and do not necessarily
represent the official views of the European Commission, the EU Delegation in Serbia,
or any other organisations mentioned in the Report
INTRODUCTION
One of the main objectives of the Project ‘Strengthening Consumer Protection in Serbia’ was
to raise consumer protection awareness in order to ensure the widest possible knowledge
and understanding of consumer rights in the society.
Two public surveys have played an important role in evaluating the general consumer
awareness in Serbia. The first survey was conducted in December 2011 followed by the
second survey in November 2013. Thus each of the two surveys measured the current state
of consumer awareness at two separate points.
By setting the survey results from 2011 and 2013 side by side it was possible to analyse the
progress made in the field of consumer awareness in a comparative manner. The surveys’
results should also be utilised in the undertaking to further develop robust consumer policies
in Serbia.
Both surveys encompassed the following sections:
1. Consumer rights awareness
2. Sources of information about consumer rights
3. Knowledge and attitudes about consumer rights
4. Institutions and organizations dealing with consumer rights protection
5. Experience with consumer rights violation
6. Services of general economic interests
This summary focuses on the comparative information that was obtained by conducting the
two surveys.
Some amendments to the survey questionnaire were implemented in 2013, in particular in
the part concerning services of general economic interests. The summary generally avoids
comments on the results of the amended questions.
Reference is made to the detailed survey reports1 for further study of the complete survey
results, graphs, research methodology etc. In the following, all percentage figures have been
rounded off.
1
MASMI, FINAL REPORT and COMPARATIVE REPORT on the Second survey on consumer
awareness in Serbia, Belgrade, January 2014.
2
GENERAL AWARENESS OF CONSUMER RIGHTS
Ability to name consumer rights
Twenty-five percent of the Serbian population was not able to mention one single consumer
right in 2011, but in 2013 this figure was down to less than one percent.
The survey doesn’t give a clear answer about the reasons to this strikingly raised awareness
among Serbian consumers.
Obviously, it can be a result of an increased amount of information presented in the mass
media (including TV, the Internet etc.) about consumer rights. In 2013, 66% of the population
had received consumer rights information in one way or another compared to 58% in 2011.
Also, general awareness about consumer protection institutions grew, in particular for
consumer organisations it went up from 36% of the population in 2011 to 71% in 2013.
The remarkable increase in the number of consumers who are convinced to have the right to
return a purchased item, although it’s not damaged (from 3% in 2011 to 8% in 2013) might
be a result of progressive changes in market practices in Serbia: more and more traders offer
such opportunity to consumers and the latter take it as granted legal consumer right
(although it is not true).
The trend of more demanding consumers’ approach is also evident in the increase in the
number of consumers who believe to have the following rights: to know the accurate price of
goods (from 11% in 2011 to 23% in 2013); to receive accurate information about goods on
the label (from 12% in 2011 to over 17% in 2013); to have a good relationship with a trader
(from 7% in 2011 to over 12% in 2013).
However, the awareness of consumer rights becomes still general and based on the
respondents’ intuition or common sense: the surge is very much driven by an increased
awareness about the right to make a complaint because of a faulty product or service (89%
in 2013 compared to 67% in 2011) and the right to receive a fiscal bill against a purchase
(50% in 2013 - 22% in 2011).
Knowledge of the Law on consumer protection
The existence of the 2010 Law on consumer protection (LCP) was recognised by 75% of the
population in 2013 compared with 60% in 2011.
This indicates that one quarter of the Serbian population (25%) is still badly knowledgeable
about the fact that they are legally protected as consumers and that the LCP is in place. In
2011, 40% of the population did not recognise their rights as consumers in accordance with
the LPC. Males seem to be slightly more aware about the LCP in 2013 than females and
educational level and age play a role too. Among people +65 years of age in 2013, 65%
know about the LCP while 82% of the people in the 25-34 age group know about it. People
with the lowest level of education, incomplete primary education, show the lowest awareness
rate but the increase in LCP awareness between 2011 and 2013 was 25% (from 34% to
59%).
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On the other hand, the increase of 15% of those respondents who have heard about the Law
on consumer protection, confirms a significant development in consumer awareness in
Serbia within the last two years.
CONSUMER INFORMATION
Sources of information about consumers rights
When the respondents were asked whether they had ever heard any information about
consumer rights, 66% of them said ‘yes’ in 2013 (58% in 2011). A considerable awareness
increase among consumers between 18 and 44 years of age (from 58% in 2011 to 67% in
2013) lay behind the overall rise in awareness in 2013.
Fifty-eight percent (46% in 2011) of the population spontaneously mentioned TV as the main
source of information followed by friends/colleagues and other people close to them,
newspapers and magazines, the Internet and radio. Traders do not play a significant role as
source and neither do market inspectors and consumer protection organisations.
When the respondents were given examples of possible sources of information, TV (78% in
2013), friends/colleagues and other people close to them (43% in 2013-slight increase),
newspapers and magazines (26% in 2013), the Internet (15% in 2013), radio (13%) and
traders (13%-four percent increase) were the most important sources. The percentage points
do not differ dramatically between 2011 and 2013 for the other categories. Promotional
material (leaflets, posters, brochures) plays a less important role in 2013 than in 2011 (down
by 9%). Four percent of the population did not hear any information about consumer rights
from the examples given to them.
Consumers’ activity in obtaining information
A great majority of the population (82%) had never tried to inform themselves about
consumer rights in 2013 compared to 89% in 2011. In other words, around 18% in 2013
compared to 11% of the population in 2011 did proactive attempts to become informed about
consumer right topics. The increase in 2013 is mainly driven by consumers in Vojvodina and
to some extent in Central Serbia. Citizens of Belgrade remained proactive at the same level
in 2013 as in 2011.
Why do people not inform themselves about consumer rights? Forty-eight percent of the
population in 2013 (42% in 2011) cannot see any benefit in becoming better informed about
their rights and a further 38% of the population is not interested in the topic (42% in 2011).
Does it mean that they are convinced to know everything about their consumer rights and
can hardly see the reason for searching for more information? If so, is such belief justified
and correct? Unfortunately, it can be questioned by the respondents’ answers to questions
concerning complaint procedures and more detailed consumer rights (please compare:
Knowledge and attitudes about consumer rights).
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Concerning those people that really looked for information on consumer protection topics,
59% (41% in 2011) of the population had had a problem with a product or service and 45%
(56% in 2011) did it out of curiosity or wanted to become better informed.
When asked whether people receive enough information about consumer rights, 47% told
’No, I could use more information’, 22% said ‘Yes, but I could use more information’ while
31% responded with ‘Yes, I do not need more information’. These figures are for 2013. There
is no significant difference in the answers compared to 2011.
The last question under this section read ’Please rate how interested you would be to read
more about consumer protection issues in specialized magazines for consumers’. The
interest in reading such magazines increased somewhat (29% in 2013 against 25% in 2011)
while 71% of the population was neither interested, uninterested nor interested at all in such
magazines in 2013. The corresponding percentage point for 2011 was 75.
KNOWLEDGE AND ATTITUDES ABOUT CONSUMER RIGHTS
Consumer complaints
Sixty-six percent of the population would in 2013 complain to the good or service provider if
something were to be faulty with the good/service even if they did not have a guarantee. The
percentage point for 2011 was almost on the same level.
In 2013, 23% of the population would make a complaint to the guarantee issuer if they had a
guarantee. Because the question to the latter answer was slightly changed between 2011
and 2013 no comparison is made here.
Other optional ways for making complaints were the market inspection to which 18% of the
population would turn in 2013 (12% in 2011), the producer (around 12% in both surveys) and
consumer organisations (two percent in 2013 and three percent in 2011).
Around four percent of the population would take no further action while around 15% would
never return to the provider of the good/service according to both surveys.
When asked why no action would be taken, 60% (72% in 2011) do not think that they would
get a satisfactory remedy to the problem, 37% states in 2013 that they would not know where
to complain against 25% in 2011.
Knowledge of basic consumer rights in consumer sales
How much time does a consumer have to his/her disposal to file a complaint? Around 50% of
the population answers two weeks in both 2011 and in 2013, which is a false statement. In
2013, only three percent of the population know that they can complain up to two years after
the purchase. It was a two percentage increase since 2011.
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What may a consumer primarily require while making a complaint for a faulty good or
service? Sixty-nine percent of the population tell that they can get a repair or a new
good/service in 2013. The figure for 2011 was slightly smaller. Around 25% of the population
argue that they can get their money back. Only two percent of the population do not know
what to expect if a problem occurs in 2013. In 2011, five percent of all people answered in
the same way to the statement ‘I do not know’.
Food and beverages are the type of goods that consumers have most problems with. Sixtyseven percent of the population think that Serbian consumers face problems with this type in
2013 compared to 62% in 2011. This group was followed by household appliances (46% in
2013 and 51% in 2011), technical devices such as TVs, computers etc. (around 36% in both
surveys). Household appliances were one of only a few product groups with actual decrease
in the frequency of problems among 10 product groups.
When it comes to services, distribution of electricity and gas, tourism, health and
pharmaceutical, mobile telephony and banking services are the major areas for concern
among the population. Distribution of electricity and gas is perceived as the most problematic
service, but it did not record significant changes (around 35% in both surveys). However,
tourism, health and pharmaceutical, mobile telephony services are more often seen as
problematic services in 2013 in comparison to 2011.
INSTITUTIONS
AND
ORGANISATIONS
DEALING
WITH
CONSUMER
RIGHTS
PROTECTION
The market inspection is the most commonly known body that protect consumer rights in
Serbia. It is recognised by 46% of the population in 2013 against 36% in 2011. Consumer
organisations are known to 32% of the people, an increase by 13% since 2011. When given
a list of examples of bodies dealing with consumer issues, 75% of the population recognises
the market inspections and 70 % consumer organisations (a 35% increase since 2011). The
court system is known by 39% in 2013 compared to 27% in 2011 and regional consumer
advisory centres by 16% (3% in 2011). The latter increase was mainly driven by urban area
consumers. Additionally, it is worth to mention that these centres are run by consumer
organizations, thus total visibility of consumer organization is probably higher than indicated
above.
When asked what consumer organisation people know about, a majority of respondents
couldn’t recall a particular name (58% in 2011 and 55% in 2013). Asocijacija potrošača Srbije
(APOS) was mentioned by 29% in 2013 (23% in 2011), followed by Centar potrošača Srbije
and Nacionalna organizacija potrošača Srbije.
Availability and trustworthiness in regards to organisations dealing with consumer rights
show that the court system gets the highest score for availability followed by the market
inspections in 2013 although the ratings are lower compared to 2011. The most trustworthy
bodies in 2013 are the consumer organisations and the market inspections; however, these
bodies’ ratings are lower in 2013 than in 2011.
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EXPERIENCE WITH CONSUMER RIGHTS VIOLATIONS
The first question under this section read in 2013 as well as in 2011: ‘Have you encountered
any problem when you bought something/used a service since the beginning of this year?’
Practicing consumer rights is one of the most important indicators of level of knowledge on
the topic.
In 2013, 46% of the consumers made a complaint while 13% did not take any action after the
purchase of a faulty good/service. This means further that almost 60% of the population had
faced at least one problem with purchased good or services in 2013. In 2011, around 26% of
the population had consumer problems of which 18% made a complaint. In 2011, 74% of the
population answered that they had not encountered a problem with a good/service while in
2013 the percentage point was 41%.
The number one problem faced was in both 2011 and in 2013 the purchase of
damaged/defective goods. Fifty-five percent of the population experienced that in 2013 (24%
in 2011) followed by goods that had passed their expiry date. Thirty-seven percent of the
population recorded that in 2013 while in 2011, around 20% of them did.
When people were asked whether they had been satisfied with how their complaint was
treated by traders, 53% of the population told that they were ’very satisfied’ in 2013, which
was a surge in percentage points with around 12% compared with the situation in 2011.
Around one fourth of the population was partially satisfied in 2011 as well as in 2013. These
figures are much better than the EU average of 66% of consumers who were satisfied with
complaint handling by trader in 2011. Thirty-three percent of the population was not satisfied
at all in 2011. In 2013, 20% of the population was of the same opinion.
So why were people dissatisfied with traders dealing with their complaints? In 2013, 45% of
the population was not offered an adequate compensation (50% in 2011). Forty-one percent
of the people were dissatisfied with the long time it took to get an answer to their complaints.
In 2011, 26% of the consumers were of the same opinion.
What actions did consumers take after total or partial dissatisfaction with the way traders
dealt with their complaints? In 2013 42% of the consumers did not go back to the same
trader. The pattern was almost the same as in 2011 (39%). It is important to note that in 2011
there were no consumers that had actively practiced their consumer rights. In 2013, almost
7% of the consumers had taken some action.
What were the reasons for not complaining when consumers’ rights had been violated? Fiftythree percent of the population did not complain because the sum involved was too small
(32% in 2011) and 37% compared to 27% of the population did not complain because they
thought it was unlikely that they would get a satisfactory remedy to the problem. A positive
sign was in 2013 that the number of people not knowing where to complain decreased by
almost 14 percentage points from 23% of the population in 2011 to around 9% in 2011.
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CONCLUSIONS
In today’s Serbia, almost all people know that consumer rights exist in some form or another,
i.e. they can all mention one or more than one right that consumers have. In 2011, 25% of
the population could not mention one single consumer right.
The foundation for understanding and exercising consumer rights in 2013 is rooted in the
right to make a complaint, and that right defines the consumer rights concept for almost 90%
of the consumers. This is a huge increase since 2011.
Better awareness about consumer rights is also reflected in an increased knowledge about
the existence of consumer rights in the Serbian legislation. Three quarters of the adult
population is aware that there is a Consumer Protection Law in place.
The evident progress achieved within last two years concerns the general awareness on
consumer rights. Almost all Serbian consumers became familiar with basic terms, like:
consumer, consumer rights, law on consumer protection, consumer organization. The
number of respondents who answered ‘I don’t know’ decreased for almost all questions
asked within the survey.
Thus it’s not surprising, that a significant increase in the flow of information about consumer
rights between the two surveys has been observed: over 66% of the consumers have
received some information about consumer rights in 2013 (58% in 2011).
What did not change over time are the sources of information about consumer rights. TV is
still the primary source of information with other sources of information having lower impact.
Consumers searching for information on their own are using the Internet more often than the
average consumer.
However, no deepening of consumer knowledge has been noticed. It seems that consumers
were faced with some information on consumer topics but either this was general information
or they have caught only slogans and not the message on their detailed rights.
Although a great majority of consumers have never tried to inform themselves about their
consumer rights, it is important to note that a significant increase is recorded in the group
‘self-informing consumers’ with their proportion rising from one tenth to one fifth of the
population.
Nevertheless, insufficient interest of consumers in consumer rights remains the problem.
There has been no significant recorded difference in the attitude towards the quantity of
received information about consumer protection. Two thirds of the citizens still claim they
could use more information. Most of the consumers who believe that they do not need any
more information regarding consumer rights also show a lack of interest in consumer
protection in general.
Such an approach can be a dangerous obstacle for the development of an effective system
of consumer protection and it should be targeted by intensive educational actions.
Consumers who are convinced to know everything about their consumer rights and can
hardly see the reason for searching for more information, belong to all social and
demographic groups; they are present in parliament and government, they are teachers,
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judges and journalists. The results of both surveys give evidence that such beliefs about
their consumer knowledge can be questioned by an obvious lack of knowledge on complaint
procedure and more detailed consumer rights.
There has been no significant difference in most of the expected behaviours
problem with goods or services occurs. The only behaviour which is recording
increase is complaints to the market inspection. More than 2/3 of the citizens still
would complain to a trader in case a purchased good shows to be faulty or if
problem with a provided service.
in case a
significant
claim they
there is a
There has been a significant increase in general awareness about institutions and
organizations dealing with consumer rights. This was particularly evident in the case of
consumer organizations. Respondents’ awareness about them doubled between the surveys
(totalling 71% in 2013).
However, although consumer organizations are known as a group they are not recognized as
distinct organizations or associations. A majority of the respondents cannot give any precise
name of consumer organization. There are obvious gaps in PR and communication activities
of institutions and organizations active in the consumer protection field, including the
promotion of the institutions/organizations and their achievements.
The Market inspection is the institution which is most often associated with consumer
protection and it still remains on a somewhat higher level than consumer organizations (75%
in comparison with 71%). The expectations towards market inspection reflect the
competences relevant to this institution before the law on consumer protection of 2010 was
adopted.
At the same time, during the two years period, all observed institutions/organizations
recorded a decrease in average rating on availability and trustworthiness. This indicates a
significant gap between the growing consumer awareness and inadequate development of
institutions, which are not available to consumers. The lack of availability has a marked effect
on the low level of confidence in these institutions.
Practicing consumer rights is one of the most important indicators in regards to the level of
knowledge on the topic – it shows that citizens these days, when they experience a problem
most often recognize that there is a problem.
More importantly, the number of consumers that faced a problem with goods or services and
made a complaint increased significantly (more than doubled, from 18% in 2011 to 46% in
2013). At the same time, the overall satisfaction level with the way traders dealt with the
complaints also increased. Additionally, only one fifth of the consumers were not satisfied in
comparison to one third of the consumers in 2011.
This result shows that the system of consumer protection is working better in practice in 2013
than was the case in 2011. Active consumers, who filed a complaint after a consumer
problem had occurred, were able to get a satisfactory solution (leaving only one fifth of the
consumers not satisfied at all). These data should be widely promoted in order to provide
consumers with arguments for becoming more active on the market, especially in searching
for redress.
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Lack of an adequate compensation remains the main reason for dissatisfaction with the
outcome of complaints. However, the length of time needed for answering a complaint
significantly increased as reason for dissatisfaction to almost the same level as the lack of an
adequate compensation.
RECOMMENDATIONS
General awareness about the existence of consumer rights has increased, mostly based
among consumers on a higher awareness about the right to complain for a faulty good or
service. This particular, widely known right should be used as a platform to further develop
consumers’ knowledge about consumer rights and ways to enforce them. The draft new law
on consumer protection, which contributes to clarification of several provisions, will make this
process easier and more effective.
There are some demographic groups that need to be targeted with more energy and they
concern: the age groups of 18-24 and 65+, consumers from rural areas, those with lower
levels of education and lower incomes.
TV should be considered as an important source for consumer information (especially among
previously mentioned consumers). Also, the Internet should be used to communicate more
proactively information exchange, mainly directed to young and urban population.
Although consumers show a somewhat higher level of initiative when it comes to informing
themselves about consumer rights more effort should be made to distribute information to
achieve desired impact and results. Clear information, cases, benefits and explanations
should be provided in order to attract attention and gain consumers’ trust especially among
those who do not see benefits from informing themselves about their rights.
The predominantly low level of the development of consumer awareness of many specific
consumer rights has not been increased during last two years. Therefore, reference is made
to the recommendations of the 2011 survey: it is of great importance to structure consumer
information, beginning with general issues at a basic level. That concerns in particular
consumer rights in sales contracts and means for consumers to voice their complaints and
trying to get the case solved.
In parallel, consumer education should be introduced. More advanced consumer rights
issues can only be efficiently communicated to properly educated consumers. Consumers’
false beliefs in many rights which do not exist should be addressed by educational activities.
Consumer education, information and awareness-raising campaigns should not promote
‘consumer rights’ in general. They should be structured around very specific topics in order to
be clear and easy to remember. The first areas to be covered should be: conformity with the
contract and contractual guarantee. The right to return a defective product, well-known
among consumers, should also be treated as an important issue.
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Along with the development of consumer education programs and information campaigns,
efficient promotion of interactive forms of consumer awareness-raising events is
recommended due to the low level of activeness of Serbian consumers in seeking for
information. The survey comes with a perfect argument to be used in order to activate
consumers: majority of consumers who made a complain were satisfied with the remedy.
Special respect should be given to the official consumer website run by the ministry in charge
of consumer protection: www.zastitapotrosaca.gov.rs. The several European examples of
official consumer websites provide evidence that such website might become a great
platform for promoting the consumer policy and consumer legislation, and educating and
informing consumers and traders. Development of the website is recommended as a priority
communication task for which relevant resources should be intended. The official consumer
website should be run in a professional way, in line with consumers’ needs and expectations.
A practical engagement in the project of other stakeholders is highly desirable, and so is
intensive, professional promotion of this first communication platform on consumer policy in
Serbia.
The gap between the growing consumer awareness and underdevelopment of consumer
protection institutions/organizations has to be addressed by consumer policy.
One of these institutions is Market Inspection. The survey confirms the exceptional role of
Market Inspection: consumers recognize this institution as relevant for consumer protection
and expect that it will be more available and more powerful. These expectations are tackled
by the draft of new LCP, which does significantly increase the scope of competences and
powers of Market Inspection in the consumer protection area.
The role of consumer organizations has to be emphasized and continuously strengthen.
Although Serbia’s consumer organisations made some significant steps in promoting their
visibility since 2011, they are still missing the opportunity to become one of the most
trustworthy group of stakeholders, which is the case in the EU member states, where the
average percentage of consumers who trust consumer organizations to protect their rights as
a consumer equals 75%
To be better known and thus to be more available for consumers, and to further improve their
position among organisations and institutions that deal with consumer rights, the consumer
organizations should aim at:

Setting up and clearly communicating their name and logo, priorities and activities.
That would change the perception of low availability.

Developing more comprehensive communication channels about the organisations
role in enforcing consumer rights. This is important because consumers often do not
know what kind of help can be provided by consumer organizations (e.g., they often
believe that the consumer organisations have the power to force traders to redress
consumer complaints). Further research is recommended in order to find out which
communication channels to opt for, as consumers are not willing to read consumer
magazines and putting information on TV seems to be too expensive for consumer
organizations.

Increasing the perception of trustworthiness and building trust by distinguishing
themselves from government and business institutions and by developing a strong
image of being independent non-profit organisations led by the consumers
themselves.
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
Representing consumers at courts and seeking for collective redress. Need to
increase the trustworthiness of consumer organisations justifies calls for such rights /
actions being delegated to consumer organizations.
Consumers expect better relationships with traders. This positive demand should be
promoted and understood by traders who will indeed get benefits and some competitive
advantage from a friendly behaviour towards individual consumers.
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