The Consumer Protection from Unfair Trading Regulations 2008
These regulations came into force on 26 May 2008 and implement an EC Directive on Unfair Commercial Practices.
They repeal and replace important parts of the existing UK framework of trading legislation, including the Trade Description Act 1968, the rules on misleading pricing in the Consumer Protection Act 1987 Part III, the Price Marking Order and the Controls of Misleading Advertising Regulations.
The regulations apply when a business is dealing with a consumer and ban a variety of unfair practices by businesses, with the imposition of criminal and civil sanctions for non-compliance. In terms of the criminal offences, these can be committed even if there is no intention to do so. In summary the new regulations prohibit the following:-
Unfair commercial practices in general
Misleading practices
Aggressive practices
31 specific practices
There is a general prohibition on unfair commercial practices and a commercial practice will be deemed unfair if
It contravenes the requirements of professional diligence
Materially distorts or is likely to distort the economic behaviour of an average consumer with regard to the ‘product’ (which includes both goods and services)
Practices which are misleading by commission or omission and aggressive practices are prohibited if they cause or are likely to cause an average consumer to make a different transactional decision. Commission of a misleading action can occur by false or misleading information, creating confusion with a competitor’s products, or failing to honour Code commitment.
In terms of aggressive practices these are practices which by harassment, coercion or undue influence significantly impair or are likely to significantly impair the average consumer’s freedom of choice or conduct, and the average consumer takes or is likely to take a different decision as a result.
Finally there are 31 practices listed as always being regarded as unfair. These practices include the following:-
Claiming to be a signatory to a Code of Conduct when the trader is not
Falsely stating that the product will only be available for a limited period of time
Making an invitation to purchase products at a certain price without disclosing the existence of any reasonable grounds that the trader may have for believing that they will not be able to offer for supply, or to procure another trader to supply, those products or equivalent at that price for a period which is, and in the quantities which are, reasonable having regard to the product, scale of advertising and the price offered (ie bait advertising)
The Furniture Ombudsman will be running various courses on this and other legal updates; for further information contact
These regulations came into force on 26 May 2008 and implement an EC Directive on Unfair Commercial Practices.