Consumers should first know their rights and make sure that their complaint is justified. If unsure about their rights, consumers can seek assistance from the Office for Consumer Affairs.
The next step is to submit a written complaint to the trader clearly outlining the issue and seeking to reach an amicable agreement. Consumers should have all relevant documents, including proof of purchase and, where applicable, the commercial guarantee and sales contract. Traders should be given a reasonable time to respond and propose a remedy. If the issue remains unresolved, consumers may file a complaint with the Complaints and Conciliation Directorate (CCD) within the Office for Consumer Affairs (OCA).
A complaint may be submitted through the online consumer complaint form below, or by email; in person at the MCCAA offices, or by letter addressed to the Director of Complaints and Conciliation, or. All relevant information and documentation should be provided, including contact details of both the consumer and the trader, proof of purchase, and any other supporting documents.
Registered complaints are assessed and then assigned to a complaint handler who carries out conciliation in an effort to reach an amicable resolution. If conciliation is unsuccessful, consumers may refer their claim to the Consumer Claims Tribunal.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is a voluntary process that helps consumers and traders resolve disputes out of court with the assistance of an independent and impartial third party. The Complaints and Conciliation Directorate within the Office for Consumer Affairs (OCA) serves as the MCCAA’s Residual ADR body, handling domestic and cross-border disputes concerning sales and service contracts between EU consumers and traders where no sector-specific ADR entity exists.
When a dispute is submitted through the MCCAA ADR Solution, the process begins once both the consumer and the trader agree to participate in Alternative Dispute Resolution (ADR). Following registration, an ADR Officer is assigned to assess the case, confirm that it falls within the scope of the MCCAA’s ADR process, and ensure that all required information has been provided. If the dispute cannot be accepted, the parties will be informed of the reasons within three weeks.
Once the case is accepted, the ADR Officer will schedule the first ADR session and guide the parties throughout the process, allowing them adequate time to present submissions, supporting documentation, or expert opinions where necessary. At the conclusion of the process, the ADR Officer will issue a report containing a proposed solution, which the parties may choose to accept or reject after a period of reflection.
The ADR procedure is generally completed within 90 days from receipt of all required information, although this timeframe may be extended in more complex cases. Parties may appoint a representative or withdraw from the process at any stage, and participation in ADR does not affect their right to seek redress through the courts.
If you wish to submit a dispute through the MCCAA ADR Solution, you may send an email to adr@mccaa.org.mt outlining the details of the dispute and providing any relevant supporting documentation.