Explain the origins of the Consumer Protection from Unfair Trading Regulations 2008.
They implemented the Unfair Commercial Practices Directive 2005 shich came from the EU. The EU aims to achieve 'maximum harmonisation' with the directive.
Define 'maximum harmonisation'.
'A common standard set for all member states to adhere to, fixed ti ensure complete equality of legal provision.'
Which laws are replaced by the CPR's?
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.
The CPR's outlaw what 3 specific types of practice?
- Misleading actions
- Misleading ommissions
- Aggressive Sales Tactics
The Consumer Protection from Unfair Trading Regulations 2008 consist of:
1. A general prohibition of unfair commercial practices.
2. Prohibitions of misleading and aggressive practices
3. Schedule 1- 31 practices prohibited under all circumstances.
What defence is available under the CPR's?
The defence of 'due diligence' is available except when an offence listed in Schedule 1 has been committed.
Give 5 practices listed in Schedule 1.
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
What is the definition given by the European Court of Justice of 'average consumer'?
The average consumer is 'reasonably well- informed and reasonably observant, taking into account social cultural and linguistic factors'.
Who is responsible for enforcing the CPR's?
The Office of Fair Trading
A commercial practice is deemed unfair if it.....
...is not professionally diligent, and materially distorts the economic behaviour of the average consumer.
To what do the CPR's apply?
All commercial practices that affect (or, for those practices listed under Schedule 1, have the potential to affect) the consumer.
What definition is given by the CPR's of 'unfair'?
No definition is given, causing a potential problem with the interpreting of the Regs.