Consumer Protection from Unfair Trading Regulations 2008 (CPR's)

Law revision on CPR's including origin and effects etc

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Explain the origins of the Consumer Protection from Unfair Trading Regulations 2008.

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They implemented the Unfair Commercial Practices Directive 2005 shich came from the EU. The EU aims to achieve 'maximum harmonisation' with the directive.

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Define 'maximum harmonisation'.

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'A common standard set for all member states to adhere to, fixed ti ensure complete equality of legal provision.'

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Which laws are replaced by the CPR's?

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The CPR's revoked the Control of Misleading Advertisements Regulations 1988 and superceeded much of the Trade Descriptions Act and the Consumer Protection Act Part III 1987.

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The CPR's outlaw what 3 specific types of practice?

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  • Misleading actions
  • Misleading ommissions
  • Aggressive Sales Tactics
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The Consumer Protection from Unfair Trading Regulations 2008 consist of:

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1. A general prohibition of unfair commercial practices.

2. Prohibitions of misleading and aggressive practices

3. Schedule 1- 31 practices prohibited under all circumstances.

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What defence is available under the CPR's?

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The defence of 'due diligence' is available except when an offence listed in Schedule 1 has been committed.

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Give 5 practices listed in Schedule 1.

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1. Faking credentials

2. Creating extra paperwork for consumers (insurance claims)

3. Faking goods

4. Saying you are about to close when you are not.

5.Advertising to children

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What is the definition given by the European Court of Justice of 'average consumer'?

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The average consumer is 'reasonably well- informed and reasonably observant, taking into account social cultural and linguistic factors'.

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Who is responsible for enforcing the CPR's?

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The Office of Fair Trading

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A commercial practice is deemed unfair if it.....

19 of 24 not professionally diligent, and materially distorts the economic behaviour of the average consumer.

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To what do the CPR's apply?

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All commercial practices that affect (or, for those practices listed under Schedule 1, have the potential to affect) the consumer.

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What definition is given by the CPR's of 'unfair'?

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No definition is given, causing a potential problem with the interpreting of the Regs.

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