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Chapter 3 - Legislative Framework

The Consumer Protection from Unfair Trading Regulations (2008)

These regulations are designed to protect consumers and businesses from unfair or misleading trading practices. They place a duty on business to be honest in their trading practice and to treat customers fairly.


There are three main areas in the regulations:

A ban on unfair commercial practices. A commercial practice is deemed to be 'unfair' if it meets two criteria: Firstly that the practice in question does not meet the good-faith standards regarding skill and care that a trader in that given industry would be expected to show towards a consumer. Secondly that the trader's practice has affected or is likely to influence a consumers ability to make an informed decision regarding purchasing the product or service. A trader is deemed to be in breach of these regulations if they knowingly or recklessly engage in 'unfair' practice.

A ban on aggressive and misleading practices. This includes using sales practices that try to intimidate a consumer or a exploit a consumer’s vulnerability, such as a mental or physical impairment.

A list of 31 practices that are not permitted. These include Pyramid Schemes, aggressive doorstep selling (refusing to leave the property until a sale is achieved) and competitions / prize draws promoting a product where prizes do not exist or where the impression is given that claiming a prize is dependent on the consumer paying money or incurring a cost.

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