§ 28. The Norwegian Consumer Authority and the Market Council monitor compliance with the rules

The Norwegian Consumer Authority (Forbrukertilsynet) and the Market Council (Markedsrådet) are the public bodies that make sure the Right of Withdrawal Act (angrerettloven) is complied with. They can investigate sellers, issue orders (pålegg) to put things right, and bring cases before the Market Council. The rules for how they work are the same as in the Marketing Control Act (markedsføringsloven).

Right of Withdrawal Act·LOV-2014-06-20-27

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The text of the law (unofficial translation)

The Norwegian Consumer Authority and the Market Council shall monitor compliance with provisions in, or provisions issued pursuant to, this Act. Monitoring shall be carried out in accordance with the rules in the Marketing Control Act §§ 32 to 41, § 42 first paragraph second sentence and § 43.

Source: Lovdata — Angrerettloven (the Right of Withdrawal Act) § 28

What does this mean?

§ 28 tells you who has the authority to enforce the Right of Withdrawal Act.

The Norwegian Consumer Authority is a government supervisory body which, among other things:

The Market Council is an independent appeals body. If the Norwegian Consumer Authority makes a decision that a business disagrees with, the case can be appealed to the Market Council for review.

How they work: The provisions in the Marketing Control Act §§ 32 to 41 apply correspondingly. This means, among other things, that the Norwegian Consumer Authority can demand information from businesses, issue orders to put things right, impose a coercive fine (tvangsmulkt) if the business does not comply, and bring cases before the Market Council.

What does this mean for you? You have a public body backing you if a seller systematically breaks the Right of Withdrawal Act. If a case is of general importance — for example a large online shop that refuses all its customers the right of withdrawal (angrerett) — you are not alone. You can complain to the Norwegian Consumer Authority, and it can step in on behalf of all consumers.

The Norwegian Consumer Council (Forbrukerrådet) (not to be confused with the Norwegian Consumer Authority), on the other hand, gives advice and assistance in individual cases and mediates in disputes. Many people use these bodies in parallel: the Norwegian Consumer Council to resolve their specific case, the Norwegian Consumer Authority to report systematic breaches.

Examples

Tom discovers that a large online shop consistently writes "no right of withdrawal on electronics" in its terms. He has himself been refused a return, and sees in comment sections that several customers have had the same experience. Tom can file a complaint with the Norwegian Consumer Authority. It has the authority to investigate the company's practices and can order the terms to be changed. If the company does not comply, the case can be brought before the Market Council or result in an infringement fine.

Eva is refused a refund after withdrawing correctly. The seller refers to its own terms, which conflict with the Right of Withdrawal Act. For Eva personally, the simplest route is through the Norwegian Consumer Council, which can mediate. But she can also report the case to the Norwegian Consumer Authority — this helps build a case if the seller has a pattern of breaking the law.

Common mistakes

  1. You confuse the Norwegian Consumer Authority and the Norwegian Consumer Council. They are two different bodies. The Norwegian Consumer Council helps in individual cases (mediation). The Norwegian Consumer Authority is the supervisory authority that enforces the law at a system level.
  2. You think you have to start with the Norwegian Consumer Authority. Not necessarily. The Norwegian Consumer Authority does not handle every individual case, but prioritises cases of general importance and systematic breaches. For your own dispute, the Norwegian Consumer Council is often a better route.
  3. You think the Norwegian Consumer Authority can force the seller to pay you back. Directly ordering a refund (tilbakebetaling) in your specific case is not its primary role. It focuses on the seller's future practices. To get your money back, you must go through the Norwegian Consumer Council, the Conciliation Board (forliksrådet) or the courts.

What should you do?

If a seller refuses to follow the Right of Withdrawal Act:

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All sections of the Right of Withdrawal Act →
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