Unfair Terms In Consumer Contracts Regulations | Matthew Arnold & Baldwin LLP

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FSA publishes guidance for businesses to avoid unfair contract terms

6 February 2012 | Simon Weinberg

The Financial Services Authority (the FSA - the financial services regulator in the UK) has issued guidance on the Unfair Terms in Consumer Contracts Regulations 1999, which are intended to limit unfair...

Tags on this discussion: commercial agreement Commercial contract commercial contracts consumer contract consumer contracts contract contract law contracts contractual terms financial services Financial Services Authority financial services regulator FSA FSA investigation Office of Fair Trading OFT OFT investigation unfair consumer terms unfair contractual terms unfair terms Unfair Terms in Consumer Contracts Regulations unfair terms in consumer contracts regulations 1999

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

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

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

“We Buy Any Car”…just not at the price you think

14 April 2011 | Mark Weston

We Buy Any Car, the online company that buys cars from consumers for re-sale, has agreed to provide written undertakings as to its future conduct after the OFT claimed that the company’s pricing structure...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements consumer contract consumer contracts consumer laws consumer protection Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumers CPUTR enforcement fair fairness Office of Fair Trading OFT On-line Online online advertising online content online shopping online trading undertaking unfair unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR web site web sites Website website content websites

OFT Protects Consumers’ Gold

25 February 2011 | Mark Weston

The Office of Fair Trading (“OFT”) has taken enforcement action following an investigation into the trading practices of five companies that buy gold from consumers by post. Two of the companies under...

Tags on this discussion: B2C business-to-consumer consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumers CPUTR investigation Office of Fair Trading OFT OFT investigation trade trading trading practices unfair terms Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading UTCCR

Courts must assess jurisdiction clauses in consumer contracts for fairness – VB Penzugyi v Schneider, European Court of Justice

30 November 2010 | Paul Gershlick

Under European Union law, business-to-consumer contracts are regulated by the Unfair Contract Terms Directive. A business’s standard terms must be reasonable in order to be enforceable. This extends...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements consumer contract consumer contracts consumer law consumer laws consumers Court of Justice of European Union Court of Justice of the European Union Directive EU EU law Europe European Court of Justice European Union European Union jurisdiction fair fairness jurisdiction unfair Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations

No more consumer protection, Government decides

11 November 2010 | Mark Weston

The Government has decided not to press the European Commission for an extension of consumer protection laws, following a consultation. The European Commission is considering a new Directive on Consumer...

Tags on this discussion: B2C breach of contract business-to-consumer commercial agreement consumer laws consumer protection Consumer Protection from Unfair Trading Regulations contract contract law contracts Directive EU EU law Europe European Commission European Union Government unfair contract terms Unfair Terms in Consumer Contracts Regulations

Ofcom seeks clear pricing for purchasers of calling cards

16 September 2010 | Mark Weston

Ofcom – the telecoms regulator – has obtained written undertakings from Lycatel to ensure that customers have clear and accurate information when they purchase the company’s international calling...

Tags on this discussion: accurate clear consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Regulations intelligible misleading advertising misleading selling Ofcom price Regulator unambiguous Unfair Terms in Consumer Contracts Regulations

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

21 June 2010 | Mark Weston

The Unfair Terms Directive states that certain terms in standard business-to-consumer contracts are unfair if they are not in plain language or if they are unfair on consumers. That Directive has been...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts fair fairness plain English unenforceable unfair Unfair Terms Directive Unfair Terms in Consumer Contracts Regulations

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Latest news and views tagged Unfair Terms in Consumer Contracts Regulations

FSA publishes guidance for businesses to avoid unfair contract terms

Government proposes new single consolidated Consumer Bill of Rights

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

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

“We Buy Any Car”…just not at the price you think

OFT Protects Consumers’ Gold

Courts must assess jurisdiction clauses in consumer contracts for fairness – VB Penzugyi v Schneider, European Court of Justice

No more consumer protection, Government decides

Ofcom seeks clear pricing for purchasers of calling cards

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

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