Consumer Protection from Unfair Trading Regulations Known as the CPRs

Transcription

1 Consumer Protection from Unfair Trading Regulations 2008 Known as the CPRs

2 Gloucestershire County Council Trading Standards Service Jason Poole Enforcement Officer and Financial Investigator

3 The CPRs have replaced the Property Misdescriptions Act 1991 & most of the Trade Descriptions Act 1968

4 What is prohibited? Effectively the CPRs prohibit trading practices that are unfair to consumers. There are four different types of practices to consider: Practices prohibited in all circumstances Misleading actions and omissions Aggressive practices General duty not to trade unfairly

5 Practices prohibited in all circumstances FALSE ENDORSEMENTS/AUTHORISATIONS: false claims of membership of trade associations i.e. TPO, ARLA,

6 MISLEADING AVAILABILITY: bait advertising (or 'bait and switch') where a trader lures a consumer into believing he can buy a service at a low price when the trader is aware he does not have a property available or is not able to supply at that price, or attempts to 'sell-up' to a higher priced product falsely stating a property is only available for a very limited time in order to make the consumer make an immediate decision

7 AGGRESSIVE SALES: creating the impression a consumer can't leave the premises until a contract is formed visiting a consumer at home and refusing to leave when asked to leave (except when the trader has a legal right to enforce a contractual obligation) making persistent and unwanted solicitations by phone/fax/ (except when a trader has a legal right to enforce a contractual obligation) telling a consumer a trader's job will be in jeopardy if the consumer does not buy the product

8 Misleading Actions(Regulation 5) This regulation prohibits giving false information to, or deceiving, consumers. A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes, or is likely to cause, the average consumer to take a different transactional decision.

9 Misleading Actions The information that may be considered as misleading is very wide, and is listed in the legislation itself, including such things as: the existence or nature of the product - for example, advertising goods that don't exist or work i.e. GCH the main characteristics of the property - for example, the the geographical location the price the nature, attributes and rights of the trader - such as qualifications

10 Misleading Omissions(Regulation 6) This regulation prohibits giving insufficient information about a product. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision. Information that you give to consumers must be given in a timely manner. It should be provided to assist the consumer in making an informed choice. Supplying information too late could constitute an omission.

11 Misleading Omissions It is a breach of the CPRs to: omit material information hide material information provide material information in a manner that is unclear, unintelligible, ambiguous or untimely fail to identify the commercial intent (unless this is apparent from the context) Examples, rights of way, flooding, permit parking

12 Prices & Fees Information about charges provided in advertising and other promotional material should be full, accurate, clear, and not misleading. It may be misleading to include information about only some charges, whilst failing to disclose other fees that will be charged, or only revealing additional charges gradually through the advertising and negotiation process.

13 Prices & Fees Rent and other charges should be presented inclusive of VAT Where an advert provides details of the property and any other cost information (such as rent), all other non-optional fees and charges should be included there as well.

14 Prices & Fees Where you are advertising specific properties along with the rental costs, we feel that non-optional fees that can be calculated in advance (for example, a fixed administrative fee) must be included with the quoted asking rent for example pcm admin fee per tenant, if there is space to show this. If there is not space then we feel it should say 1500pcm + fees

15 Prices & Fees If the non-optional fee cannot be calculated in advance our advice would be to make the existence of the charge clear and provide information to allow consumers to establish easily how the charge is calculated

16 Aggressive practices (regulation 7) The CPRs prohibit aggressive commercial practices that intimidate or exploit consumers, restricting their ability to make free or informed choices. In order for an aggressive practice to be unfair it must cause, or be likely to cause, the average consumer to take a different transactional decision. A commercial practice is aggressive if: it significantly impairs, or is likely to significantly impair, the average consumer's freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence - and it thereby causes him to take a different transactional decision

17 Aggressive practice To decide whether a practice breaches this regulation, account shall be taken of: timing, location, nature or persistence use of threatening or abusive language or behaviour exploitation by the trader of any specific misfortune or circumstance that impairs the consumer's judgement, in order to influence the consumer's decision with regard to the product any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract (for example, rights to terminate the contract or switch to another product or trader) any threat to take action that cannot legally be taken

18 General Duty not to trade unfairly The general prohibition prohibits practices that: contravene the requirements of professional diligence (defined as the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers which is commensurate with either honest market practice in the trader's field of activity, or the general principle of good faith in the trader's field of activity) materially distort the economic behaviour of the average consumer (or are likely to) with regard to the product (that is, appreciably to impair the average consumer's ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise)

19 Penalties on summary conviction, a fine not exceeding the statutory maximum (currently 5,000) on conviction on indictment, an unlimited fine or imprisonment for up to two years (or both)

20 More Information GCC Trading standards Service s Competition and Markets Authority