Stopping the Cowboys

The Consumer Protection from Unfair Trading Regulations 2008 (CPR) will have been with everyone for two years come May. The new law protects consumers by outlawing a host of deceptive and intimidating sales practices that are unfair but that were not illegal. The new Regulations introduced a general duty not to trade unfairly; a prohibition against misleading or aggressive practices; and, interestingly; 31 specific prohibited commercial practices that are always considered unfair are banned outright. In determining whether a commercial practice is aggressive, factors such as its timing, location, nature or persistence; the use of threatening or abusive language or behavior; or any threat made to take any action which cannot in fact be legally taken, will be taken into account. There are several criminal offences under the CPRs: contravention of the general duty not to trade unfairly; misleading actions; misleading omissions; aggressive commercial practices; specific unfair commercial practices.