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Latest news and views tagged Unfair Commercial Practices

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Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

Law Commission consults on new law to give consumers remedies for misleading selling

18 July 2011 | Mark Weston

The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...

Tags on this discussion: aggressive selling B2C business-to-consumer cancel cancellation consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumeres consumers CPUTR damage damages EU EU law European Union European Union law loss losses mislead misleading misleading selling refund rescind rescission unfair Unfair Commercial Practices Unfair Commercial Practices Directive

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

27 June 2011 | Paul Gershlick

The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their clients...

Tags on this discussion: agreement agreements B2C business business-to-consumer businesses cancellation commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations consumers contract termination CPUTR fair fairness High Court Office of Fair Trading OFT OFT investigation right to cancel term termination Terms & conditions unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract trading Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations UTCCR void

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

8 June 2011 | Mark Weston

The European Court of Justice (ECJ) has ruled as to the meaning of an ‘invitation to purchase’ under Article 2(i) of the Unfair Commercial Practices Directive (the Directive) and has clarified what...

Tags on this discussion: advert advertisement advertising advertisments adverts commercial communication Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Directive EC ECJ EU European Commission European Court of Justice European Union good goods invitation invitation to purchase mandatory material information material information Member State Office of Fair Trading OFT product products sale of goods service services transaction transactional Unfair Commercial Practices Unfair Commercial Practices Directive

OFT says key thing is what consumer expects when considering fairness of terms

2 March 2011 | Mark Weston

The Office of Fair Trading has promised to clamp down on unfair consumer contracts. It said that in the vast majority of cases where consumers had had a problem with the consumer contract, there were surprises...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreement consumer contract consumer detriment consumer law Consumer Protection from Unfair Trading Regulations consumers CPUTR fair fairness Office of Fair Trading OFT small print standard terms and conditions Terms & conditions unfair Unfair Commercial Practices unfair contract terms unfair contract trading unfair terms Unfair Terms in Consumer Contracts Directive unfair trading

Consumer protection body claims first victory under misleading selling laws – The Office of Fair Trading v Purely Creative Ltd, High Court

9 February 2011 | Mark Weston

The Consumer Protection from Unfair Trading Regulations 2008 (CPR) have had their first airing in the High Court, with the Office of Fair Trading (OFT) successfully bringing proceedings against a defendant...

Tags on this discussion: commercial commercial practice consumer consumer protection Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 de minimis High Court illegal infringement mislead misleading misled Office of Fair Trading OFT promoter promotion unauthorised unfair Unfair Commercial Practices unfair trading unfair trading regulation unlawful

Government consults on the repeal of the Property Misdescriptions Act 1991

13 January 2011 | Richard John

In a move that will be of interest to estate agents, auctioneers and property developers, the Department for Business, Innovation and Skills (BIS) has launched a consultation on the possible repeal of...

Tags on this discussion: auctioneers Consumer Protection from Unfair Trading Regulations 2008 developers estate agents marketing Property Misdescriptions Act 1991 Unfair Commercial Practices

Prizes linked with product purchase allowed by ECJ – Mediapring v Österreich-Zeitungsverlag, European Court of Justice

22 November 2010 | Mark Weston

The European Court of Justice has ruled that Austrian legislation which prevents the offering of a prize as a combination with a product purchase is incompatible with the Unfair Commercial Practices Directive....

Tags on this discussion: commercial agreement Consumer Protection from Unfair Trading Regulations Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU Europe European Commission European Court of Justice European Union promotions Unfair Commercial Practices Unfair Commercial Practices Directive

Does ECJ ruling on broad extent of Unfair Commercial Practices Directive? – Zentrale zur Bekaempfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH, European Court of Justice…

5 March 2010 | Paul Gershlick

The European Union introduced the Unfair Commercial Practices Directive, which the UK brought into law through the Consumer Protection from Unfair Trading Regulations. The Directive aims to stop misleading,...

Tags on this discussion: Consumer Protection from Unfair Trading Regulations ECJ European Court of Justice European Union free prize draw Gambling Act illegal lottery prize competition Unfair Commercial Practices Unfair Commercial Practices Directive unlawful

Bloggers and other people using social media to boost products should be pulled up for unfair commercial practices, says European Commission…

15 December 2009 | Mark Weston

Businesses that use blogs, social networking sites and other social media to boost their products without users realising should be pulled up for breaching the Unfair Commercial Practices Directive, so...

Tags on this discussion: misleading selling Unfair Commercial Practices Unfair Commercial Practices Directive

Latest news and views tagged Unfair Commercial Practices

Government proposes new single consolidated Consumer Bill of Rights

Law Commission consults on new law to give consumers remedies for misleading selling

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

OFT says key thing is what consumer expects when considering fairness of terms

Consumer protection body claims first victory under misleading selling laws – The Office of Fair Trading v Purely Creative Ltd, High Court

Government consults on the repeal of the Property Misdescriptions Act 1991

Prizes linked with product purchase allowed by ECJ – Mediapring v Österreich-Zeitungsverlag, European Court of Justice

Does ECJ ruling on broad extent of Unfair Commercial Practices Directive? – Zentrale zur Bekaempfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH, European Court of Justice…

Bloggers and other people using social media to boost products should be pulled up for unfair commercial practices, says European Commission…

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