Zusammenfassung der Ressource
CONSUMER PROTECTION ACT 2007
- AIM
- SEEKS TO
UPDATE +
MODERNISE
CONSUMER
LAW
- ESTABLISHED NCA
- FUNCTIONS
- PROMOTE + PROTECT INTEREST OF CONSUMERS
- ENFORCE + ENCOURAGE
COMPLIANCE OF
RELEVANT CONSUMER
LAWS
- INVESTIGATE
SUSPECTED
OFFENCES
- REFER CASES TO DPP
- ADVISORY
ROLE
- MAKE PROPOSALS FOR NEW LEGISLATION
- TAKEN OVER FINANCIAL REGULATORS
RESPONSIBILITY TO PROVIDE CONSUMER
INFO ON FINANCIAL SERVICES
- DEALS WITH UNFAIR BUSINESS TO CONSUMER COMMERCIAL PRACTICE
- CLAIMS MADE ABOUT
GOOD AND SERVICES
- It is illegal for an advertiser to make false
or misleading claims about a good / service
- WITHHOLDING OF MATERIAL INFO IS
ALSO CONSIDERED MISLEADING
- FALSE CLAIM
- SIMPLY UNTRUE
- e.g. JUMPER IS
100% WOOL, IT
ISN'T
- MISLEADING ADVERTISEMENT
- MAY NOT BE ENTIRELY UNTRUE
- e.g. PHOTO OF TOP OF
RANGE CAR
CONTAINING PRICE FOR
MOST BASIC MODEL
- CLAIMS ABOUT USAGE
AND PRIOR HISTORY MUST
BE TRUE AND ACCURATE
- CLAIMS MADE ABOUT PRICES
- IF PRODUCT / SPECIAL
OFFER IS ONLY AVAILABLE
IN LIMITED / CERTAIN
RETAIL OUTLETS, MUST BE
CLEARLY STATED
- e.g. DUNNES NI
- CUSTOMER QUOTAS MUST
BE CLEARLY STATED
- CAVEAT EMPTOR - let
the buyer beware
- ILLEGAL TO SAY TV @ £450 IS A GENUINE REDUCTION UNLESS SAME TV AT
HIGHER PRICE ON SALE IN SAME PLACE FOR AT LEAST 28 CONSECUTIVE DAYS
IN PAST 3 MONTHS
- AGGRESSIVE RETAIL PRACTICES
- PROHIBITS HARASSMENT + COERCION
- USE OF THREATENING / ABUSIVE
LANGUAGE / BEHAVIOUR
- nb LAW OF THE CONTRACT - consent to contract
- PROHIBITED
PRACTICES
- MAKING FALSE
CLAIMS ABOUT CURES
- OFFERING FREE PRIZES THAT
COST MONEY TO CLAIM
- COMPETITION /
TOP PRIZE NOT
AVAILABLE
- PERSISTENTLY COLD
CALLING -sales person
unwanted / univited
- DEMANDING PAYMENT
FOR UNSOLICITED GOODS
- PYRAMID SCHEMES - scams
- PRICE CONTROLS
- DECISION OF GOVERNMENT
- PRICES MUST BE DISPLAYED IN A CERTAIN MANNER
- CODES OF PRACTICE
- NCA MUST APPROVE CODES OF
PRACTICE DRAWN UP BY TADERS
- ISSUE GUIDELINES ABOUT CONSUMER
PROTECTION + ISSUE WELFARE QUALITY SCHEMES
- ENFORCEMENT
- ACCEPT IN WRITING
THAT PROHIBITED
PRACTICES WILL CEASE
- APPLY FOR A PROHIBITION
ORDER FROM CIRCUIT / HIGH
COURT
- SERVE COMPLIANCE NOTICE TO TRADER NCA BELIEVES
ENGAGED IN ILLEGAL ACTIVITY. 14 DAYS TO APPEAL.
FAILURE TO COMPLY = CRIMINAL PROCEEDINGS
- SERVE ON-THE-SPOT PENALTIES FOR
OFFENCES RELATING TO PRICES e.g.
pubs must have price lists displayed
- PUBLISH CONSUMER PROTECTION LIST - list of traders convicted of criminal offences - updated regularly