Consumer Redress for Misleading and Aggressive Practices

Consumer Redress for Misleading and Aggressive Practices

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The Consumer Protection from Unfair Trading Regulations 2008 (the Regulations) prohibit misleading and aggressive trade practices. The Regulations implemented a European directive, replacing 23 previous UK consumer protection measures, including most of the Trade Descriptions Act 1968. They are enforced mainly by the Office of Fair Trading and by trading standards services. Under current law, consumers do not have a right to compensation if a trader breaches the Regulations. Instead consumers must rely on a variety of private causes of action: some statutory, some based on case law. These are complex, confusing and patchy. This Consultation Paper aims to: (1) simplify redress for misleading commercial practices; (2) simplify redress for aggressive commercial practices; and (3) fill gaps in protection, where a consumer is unable to gain redress for serious breaches of the Regulations.9.35 9.36 9.37 9.38 9.39 In Part 13 we consider whether any new Act should extend to financial services. ... Trading has approved two schemes for operation throughout the UK: the Property Ombudsman and Ombudsman Services: Property.

Title:Consumer Redress for Misleading and Aggressive Practices
Author:Great Britain. Law Commission, Stationery Office (U. k.), Scottish Law Commission
Publisher:The Stationery Office - 2011


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