The current law on procedure in consumer cases has prescribed various rules for the protection and interests of consumers that are quite different from those prescribed for ordinary civil cases in the Civil Procedure Code. Due to such protection, many business operators against whom actions have been taken try to argue that their cases do not fall within the scope of the so-called "consumer cases". In such situation, the courts have to submit the issue to the President of the Court of Appeal for his determination. The determination, however, has legal effects only in a particular case. When there is a similar argument in a later case, the issue will be submitted for the determination again. In several cases, the determination lays down some principle that is quite different from that applied in the previous cases. Questions have been raised with regard to the certainty and consistency in such determination.
From a study comparing with European laws, it is found that, in the Thai law, the definition of "consumers" and "business operators" that lead to the determination of the scope of "consumer cases" derives from the similar terms prescribed in the Consumer Protection Act, B.E. 2522, Section 3. Such reference does not provide sufficient clarity. In the determination by the President of the Court of Appeal according to Section 8 of the Act for the Procedure in Consumer Cases, B.E. 2551, the criteria of "end users" have been adopted as a primary factor in determining who is considered to be a consumer. With regard to the terms "business operators," the criteria of "ordinary business purposes" which is also found in European laws have been adopted. However, there are still some differences in interpretation.
It is, therefore, proposed that there should be an amendment to the definition of "consumers" and "business operators" in Section 3 of the Consumer Protection Act, B.E. 2522 in order to provide greater clarity in the interpretation of the terms "consumer cases". The amendment should incorporate the concept of "end users" as a part of the definition of “consumers,” and the concept of “ordinary business purposes” as a part of the definition of "business operators." Moreover, the definition of “consumer cases” in Section 3 (1) of the Act for the Procedure in Consumer Cases, B.E. 2551 should also be amended to mean “a case in which a consumer or those authorized to take a legal action on behalf of consumers is the plaintiff, and takes a legal action against a business operator for a liability arising from consumption of goods or provision of services" along the same line as those provided in the Consumer Protection Act, B.E. 2522. Such amendment will strengthen the system of consumer protection as well as case management in the courts to achieve the objectives of the laws.