Column: Age Concern On Consumer Protection
[Opinion column written by Age Concern]
The proposal to fold Consumer Affairs into the Competition Act deserves careful public consideration. Age Concern Bermuda recognises that stronger competition oversight could provide important benefits for consumers, including older adults who are particularly affected by rising costs, limited choice and unfair or misleading business practices.
The Government’s consultation proposes a modern competition framework, stronger oversight of anti-competitive conduct and certain mergers, and an expanded Competition and Regulatory Authority. It also contemplates the transfer of non-housing Consumer Affairs functions into that structure.
There is much within these reforms that could be positive. Stronger enforcement powers, better oversight of markets and the ability to address harmful business practices at their source could provide consumers with protections that Bermuda’s present framework has not always been equipped to deliver. The question should not simply be whether the current Consumer Affairs structure is preserved exactly as it is. There is an opportunity to make consumer protection stronger.
But the strength of any new system should be measured not only by the powers of the regulator. It should also be measured by how easily an ordinary person can access those protections when something goes wrong.
Competition regulation and individual consumer protection are related, but they are not identical. Competition law looks broadly at how markets operate: anti-competitive conduct, market dominance, mergers and the behaviour of businesses within the economy. Individual consumer protection is often much more immediate.
An older person who discovers an unexplained charge on a bill, is pressured into signing a contract, cannot obtain a promised refund or believes they have been subjected to misleading advertising is unlikely to be thinking about market structure. They want to know where to call, who will listen, what their rights are and what can realistically be done.
A stronger regulatory authority should be able to do both: identify systemic problems and remain responsive to the individual whose complaint may have helped reveal that problem in the first place.
This is especially important because reform should not simply move consumer functions from one place to another. It should improve the public’s experience of consumer protection. If Consumer Affairs functions are incorporated into a larger regulatory authority, Bermuda should preserve a distinct, visible and adequately resourced consumer-facing function so that everyday complaints do not become secondary to larger market investigations.
Accessibility must be part of that design. A modern system should provide efficient digital services, but digital access cannot be the only access. Not every older adult is comfortable completing online forms, uploading documents or communicating primarily by email. Others may experience mobility, vision, hearing or cognitive challenges. Some consumers simply need to speak with a person who can explain an unfamiliar process in plain language.
Age Concern would therefore like to see telephone, face-to-face and paper-based options preserved alongside online services in this domain. Consumers should be able to reach a real person and receive practical guidance without needing legal or technical knowledge.
We would also encourage a ‘no wrong door’ approach. Consumers should not be expected to understand the regulatory boundaries between the Consumer Affairs and what will be the Competition and Regulatory Authority, and other agencies before asking for help. Where someone approaches the wrong organisation, the system should help transfer or actively refer the enquiry rather than requiring the consumer to start again elsewhere.
Similarly, older adults should be able to receive help from trusted third parties where appropriate. A family member, caregiver, advocate or authorised representative may sometimes be essential in helping a person understand correspondence, assemble documentation or navigate a complaint. The process should allow for that support while maintaining appropriate privacy safeguards.
Urgent individual problems also require a clear route for escalation. Market investigations understandably take time; individual hardship sometimes cannot. Where a complaint involves medication or healthcare, disruption of an essential service, suspected financial exploitation or serious financial hardship, there should be an expedited pathway for review.
Consumers should also know what to expect after a complaint is made. Acknowledgement periods, expected response times, escalation procedures and indicative complaint-resolution timelines should be published in clear language. Individual complaints should not simply become data points informing wider market surveillance. Where an individual remedy or referral is available, the consumer should have a clear pathway toward advice, resolution, escalation or redress.
Governance and representation matter too. As the responsibilities of the new Authority expand, public confidence will depend on transparency around appointments, the mix of expertise represented, how conflicts are managed, how decisions are reported and how consumer perspectives are incorporated into the Authority’s work.
Older adults, vulnerable consumers, caregivers, charities and long-term-care stakeholders should have meaningful opportunities to contribute to market studies, policy development and ongoing evaluation of the system. This does not mean every group must occupy a formal seat at every table. It does mean that the people most affected by regulatory decisions should have deliberate and accessible ways to be heard.
Importantly, The Bermuda Government is consulting the public now. The current consultation on Promoting Competition and Market Fairness in Bermuda is open until September 15, 2026, and the public can review the proposals and submit comments through the Government forum.
Given the breadth and complexity of the proposed changes, Age Concern believes there may also be merit in considering whether additional time or further targeted engagement should be provided, particularly for older adults, caregivers, consumer advocates, charities and frontline organisations that may need time to understand the practical implications of the reforms.
Consultation should not simply measure whether people support or oppose reform. It should help identify practical issues while there is still an opportunity to design solutions.
We therefore encourage Age Concern members and the wider community to read the consultation material and use their own voices. Useful questions to consider include: Would I know where to go for help under the proposed structure? Should telephone and face-to-face support be guaranteed? What should happen if I approach the wrong agency? How should urgent consumer cases be handled? And how should older and potentially vulnerable consumers continue to have a voice in the system?
Age Concern Bermuda is not opposed to reform. Stronger competition rules and more effective enforcement could provide important new protections for Bermuda’s consumers. Our interest is in ensuring that the new system combines regulatory strength with accessibility, responsiveness and person-centred support.
A useful question should remain at the centre of this discussion: after reform, will an older person in Bermuda find it easier to understand their rights, reach the right person and obtain meaningful assistance when they need it?
If Bermuda can combine stronger competition regulation with accessible consumer support, this reform has the potential to improve both markets and individual outcomes. That should be the goal: a stronger system, without losing the human connection that allows people to use it.
Have your say
Government consultation: Promoting Competition and Market Fairness in Bermuda
Consultation closes: September 15, 2026
Forum: https://forum.gov.bm/en/projects/promoting-competition-and-market-fairness-inbermuda
- Age Concern Bermuda is a registered charity dedicated to enhancing the quality of life and promoting the rights and opportunities of older adults in Bermuda
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