The Consumer Protection from Unfair Trading Regulations 2008

The Consumer Protection from Unfair Trading Regulations 2008

This advice has been prepared on the basis of information in:-

The Consumer Protection from Unfair Trading Regulations 2008 No.

[1]

[2]

Have you been treated unfairly by a business or a trader?

New rules introduced in May 2008 create general duties upon traders to act fairly and also identify 31 specific commercial practices as automatically unfair and therefore unlawful.

Faking Credentials

Claiming to be a signatory to a code of conduct when the trader is not.

Have you ever decided to get in a plumber, or builder or architect etc? If they tell you that they are signatories to a code of conduct but turn out not to be, they are acting unfairly. Whether you have already entered into an agreement with them or not, and even if you only find out afterwards, you can complain to the OFT in the first instance. If you have entered into an agreement with them you could even sue them for breach of contract if you have suffered in some way - such as paying over the odds for a professional firm.

False Standards Claims

Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.

Have you bought products or services on the basis of a quality mark which you noticed and trusted? If that quality mark turns out not to have been authorised then trader is acting unfairly and you can complain to the OFT even if you haven yet bought the item yet. If you have actually bought it then you may be able to sue in breach of contract.

False Code of Conduct

Claiming that a code of conduct has an endorsement from a public or other body which it does not have.

If you are considering dealing with a trader - or you are dealing with him and you discover that the code of conduct which he is party to is not as good as he says it is then your trader is operating an unfair practice and you can complain. If you have actually started dealing with the trader then you may also be able to sue for a breach of contract.

False Endorsements

Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.

I stayed at a hotel once which had a big AA 2 star sign outside it. The standard was so poor that I complained to the AA. They told me that the hotel was not approved by the AA. It was an old sign used by the previous management. I argued that they had a responsibility to keep track of their old signs and to take them back when a hotel lost its rating. They paid me an ex Gratia sum in compensation.

Now you could also complain to the OFT

Special offer - out of stock

Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).

How many of us have signed up to buy goods - on the internet, for instance - and ended up waiting an awful long time as you are notified of a series of delays. Now it is clear that this is an unfair practice and you can complain.

Bait and Switch

Making an invitation to purchase products at a specified price and then— (a) refusing to show the advertised item to consumers, (b) refusing to take orders for it or deliver it within a reasonable time, or (c) demonstrating a defective sample of it, with the intention of promoting a different product (bait and switch).

Very similar to bait selling. It's unfair. Complain.

If you have parted with your money then you can sue.

What can you sue for? Well you might like to know that you can force the bait-seller to pay you enough to pay for the equivalent item elsewhere - even if it is more expensive.

False Sales

Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

Have you seen any local shops which seem to display permanent signs claiming that they only have a few stock items left? If it's untrue then its unfair