PETALING JAYA: Consumers misled by “lucky draws” or “scratch and win” promotions can file claims of up to RM50,000 at the Tribunal for Consumer Claims if pressured into purchasing overpriced products through deceptive offers or sales tactics, according to lawyer Ananthan Moorthi.
He said they may have legal grounds to demand refunds under the Consumer Protection Act.
“The tribunal can order refunds, compensation, replacement of goods, repair or even set aside the contract if false or misleading representations are proven,” he said.
Ananthan said Sections 9 and 10 of the Act prohibit misleading or deceptive conduct and false representations in the sale of goods and services.
Section 14 also regulates gifts and prizes tied to sales to prevent fake offers from being used to justify inflated pricing, he said.
“Pushing a sale aggressively is not automatically an offence, but rushing, confusing or pressuring a customer using false claims about prizes, urgency or special entitlement can cross the line as unlawful conduct,” he said when contacted.
Ananthan acknowledged that it could be difficult to prove misrepresentation as many of the sales tactics are made verbally without written proof, recordings or witnesses.
“The consumer must prove that a specific false statement was made, and that it induced the purchase,” he said.
Federation of Malaysian Consumers Associations (Fomca) chief executive officer Dr Saravanan Thambirajah said such promotions often create a false sense of urgency, exclusivity or guaranteed benefit to coerce consumers into impulse purchases.
“If someone is told that he is the lucky ‘100th customer’ and is entitled to a special deal, the offer is usually pre-planned or tied to inflated pricing, which raises serious concerns,” he said.
He warned that many cases involved temporary booth sellers in supermarkets promoting overpriced appliances or products under the guise of a “win”.
Consumers, especially the elderly, should avoid buying from unknown operators and instead purchase from established brands that provide clear warranties and refund policies, he added.
Saravanan said shoppers should not feel pressured to make immediate decisions, hand over bank cards or disclose personal information.
“If the offer sounds too good to be true, especially with claims like ‘last day promo’ or ‘today only’, it is usually a red flag,” he said.
He also advised consumers to verify sellers, compare prices elsewhere and walk away immediately if they feel uncomfortable.
“Legitimate businesses do not force consumers to decide on the spot,” he said.
Saravanan said shoppers should never feel obligated to continue listening to a salesperson, provide personal details or make immediate payments.
Consumers should also avoid falling for “cheap” offers, minimum-spend gift promises and aggressive product demonstrations designed to create excitement and pressure, he added.
Saravanan said prevention remains the best defence as temporary booth operators may disappear after several days, making complaints difficult.
He encouraged families to educate or alert their elderly parents and to remind them not to hesitate about refusing salespeople or believing they must buy something simply because they were told they had “won” a prize.
“Whenever possible, accompany elderly family members when shopping, particularly in larger supermarkets where promotional booths are common,” he said.
