Consumer Protection from Unfair Trading Regulations 2008 The law explained
Traders who refuse to leave may be committing an offence
From special offers that don't exist to closing down sales that run for months – some companies use underhand tactics to get a sale. Sometimes the offer is genuine enough, but the salesperson stays for hours until you sign up or tells you their livelihood depends on you paying up. Since the 26 May 2008, legislation has been in force with the aim of combating such practices.
Consumer protectionÂ
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) make it an offence for traders to treat consumers unfairly through misleading actions, misleading omissions or aggressive practices.
Misleading actions
Misleading actions include advertising goods that don't exist, or offering just a few items at the advertised price with no hope of meeting the demand. Traders are also banned from lying about goods or passing them off as another product to give them credibility. If a trader has signed up to a code of practice, failing to follow it could constitute a breach of the CPRs.
Misleading omissions
Sometimes it's not what is said that's the problem. The CPRs aim to ensure traders who are economical with the truth, or miss out key information that a consumer needs to make an informed decision, will be caught out too. Traders must also make sure the information is provided in a timely manner - and not so late that it's of no use to the consumer.
Aggressive practices
Sales tactics can greatly influence a consumer's decision. Now, traders who fail to take no for an answer, refuse to leave until a contract is signed or use threatening behaviour will be committing an offence.
The CPRs in practice
If a trader is accused of misleading consumers or acting aggressively, it's not enough to simply demonstrate the activity. It also has to be shown that the practice influenced the consumer's decision. This doesn't necessarily mean that the consumer has to have entered into a contract, just that their actions were influenced in some way. It could be enough that the consumer phoned the trader or decided to go into their shop.
