A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014)

The Consumer Protection from Unfair Trading Regulations 2008 (updated Consumer Rights Directive) implemented the European Union-wide Directive 2005/29/EC concerning unfair commercial practices in the internal market. The Regulations replace much consumer protection legislation, including Part III of the Consumer Protection Act 1987 (which dealt with misleading prices), the majority of the Trade Descriptions Act 1968 (which it mainly repeals), and the Control of Misleading Advertising Regulations 1988. The Misrepresentation Act 1967 covers similar issues too.

Unfair!

Unfair! 
For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information or not put under unfair pressure to do so.

The regulations prohibit trading practices that are unfair to consumers. There are four different types of practices covered:

A general ban – on conduct below a level which may be expected towards consumers (honest market practice/good faith).

Misleading practices a practice misleads through the information it contains, or its deceptive presentation, and causes, or is likely to cause, the average consumer to take a different transactional decision specifically; general misleading information, creating confusion with competitors’ products or failing to honour commitments made in a code of conduct.

Aggressive sales techniques using harassment, coercion or undue influence – significantly impairs, or is likely to significantly impair, the average consumer’s freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence – and  thereby causes him to take a different transactional decision.

31 specific practices (that would be two long boring pages of  post! It is pretty thorough though and all of them are listed in the book).

If you think a financial advert or promotion is misleading, unfair or unclear, you can report it to the Financial Conduct Authority and/or the Advertising Standards Authority.

You are also covered regarding unfair contracts with the Consumer Rights Act 2015.

Did you know about this Act? Were you still using old Acts? Find out more details of this other Acts and how to use them in the book.  Use the Tips when complaining using these Acts.

 

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14 Responses to A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014)

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  3. Tony Donaldson says:

    Hi, We bought a house in Mar 16 which had the living room and dining room joined into one. The solicitor asked for the building regulation documentation for knocking down the wall and the answer that came back from the vendors solicitor was that it was not a supporting wall, so building regs were not required.
    Since moving in, I have had it confirmed that it is a supporting wall. The council have also confirmed that they did not inspect the property when the rooms were converted and inspections should have been carried out in stages as supporting metalwork was installed.
    In addition, the vendor provided a HETAS certificate for the log burner. After contacting HETAS they confirmed that there is no registered log burner at the house and that the certificate is fake.

    Do you know if we would be covered by the Unfair Trading Regulations 2008 in this case?

    Thanks.

    • The Complaining Cow says:

      False or misleading descriptions about properties are covered under the Consumer Protection from Unfair Trading Regulations 2008 (amended in 2014) You should also use your surveyor’s report. You can sue but you are looking at probably suing a solicitor so I would take specialist legal advice on this. It may be that you also need to sue the surveyor which would complicate things.

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  10. I recently brought a product online in Spain with a Spanish credit card, The item in question is an xbox. I was online searching for one for myself as the prices have recently gone down and found myself on the cex website I searched for xbox and saw there was an xbox for sale at 48 euros plus shipping, the photo of the product showed an xbox one on controllers or anything at all so I assumed that the cheap price was due to it being literally just the console with nothing else and the description firstly was in Spanish so not my native language and I wouldn´t know what the exact specifications were for an xbox one a ps4 or a spectrum so I basically ordered based on the picture which on their website was and still is an xbox one. several days later I received an original xbox, which was a surprise and maybe I should have known better . I checked their terms and conditions and it says that “images are for illustration only”, which all images are, and that “The actual design of the product may vary slightly with respect to the image” where do I stand on claiming against eu consumer regulations about getting the product that I originally ordered? I want the xbox one that I believed I was buying. any help would be appreciated.

  11. Belinda Carr says:

    I brought a dress on line from Millibridal for my daughters prom. The dress came but it’s not the colour we order. Their return policy states that they will give a full refund. Niw tge refuse to take the dress back and won’t give me my full refund. I have been trying niw for the beSt part of 2 weeks to get a return label from them. What do I do now and how do I get myobey refunded.

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