Socialist group proposes expanding consumer withdrawal rights in Morocco

The Socialist Group in the House of Representatives has introduced a bill to amend Law No. 31-08 on consumer protection, aiming to strengthen consumer rights and ensure a fairer balance between buyers and suppliers or service providers. A key proposal is to expand the right of withdrawal in cases where a purchased product or service has an undisclosed defect.

Currently, Moroccan consumer protection law does not explicitly grant consumers the right to withdraw from a purchase if they discover an undisclosed defect, unless both parties have agreed in advance. The Socialist Group argues that this legal gap leaves consumers vulnerable to unfair business practices and must be addressed.

The proposed amendment seeks to modify Article 36 of Law 31-08 by allowing consumers to cancel their purchase within 15 days if a defect not mentioned in the product or service description is found. This right would apply regardless of fluctuations in market prices.

Another significant change in the proposal involves Article 38, which currently limits the right of withdrawal for certain types of goods and services, particularly those subject to market fluctuations. The Socialist Group wants to remove this restriction, ensuring equal consumer protection across all products and services.

As it stands, Article 38 excludes several categories from the right of withdrawal unless explicitly agreed upon by both parties. These include:

• The supply of newspapers, periodicals, and magazines;
• Services that begin with consumer consent before the withdrawal period expires;
• Products subject to financial market fluctuations;
• Custom-made or perishable goods;
• Software and audio/video recordings once opened by the consumer.

The Socialist Group argues that these restrictions disproportionately favor suppliers and limit consumer recourse. Eliminating these exemptions would create a more balanced contractual relationship between consumers and businesses.

This legislative initiative aligns with efforts to modernize Law 31-08, which critics argue does not sufficiently protect consumers in an evolving economic landscape. Many buyers face difficulties when dealing with defective or misrepresented products, and the current legal framework offers limited solutions.

If passed, this proposal could significantly enhance consumer confidence in Morocco and encourage suppliers to adopt more transparent practices. It remains to be seen whether Parliament will support these amendments and integrate them into the country’s consumer protection laws.