The Consumer Protection from Unfair Trading Regulations 2008, came into force on 26 May 2008 and will introduce new rules for ‘business to consumer’ sales.

The Regulations implement the European wide 'Unfair Commercial Practices Directive' (2005/29/EC)

There is an outright ban on 31 specified unfair trade practices in the following areas:-

• Falsely claiming accreditation
• Price claims
• Product / Service information
• Promotional activities
• Competitions and prize draws
• Sales methods
• After sales service

In addition the following practices will be banned if they unfairly affect a consumer's buying decision:-

• Misleading Actions
• Misleading Omissions
• Pressure Selling (including aggressive selling)

Finally there is a general ban on any other 'unfair commercial practice'.

This is intended to deal with any unfair trading practice that is not dealt with specifically by the Regulations.

Here are some typical examples of unfair trading practices - now banned.

False prize draw

Letters headed 'Official Payout Notification' telling people they were guaranteed to win a prize. You have to ring a hotline to claim. You have to listen to the whole message to find out if they had won a prize. The call costs £6. You are instructed to write in with your claim. Thousands of people have doneathis, but it appears none  have received a price.

An Authority brought a prosecution in this case under previous legislation, but it will be simpler, cheaper and quicker to take action under the regulations.

Aggressive doorstep selling

A doorstep salesman scares elderly people into buying a burglar alarm system.

There was a variety of legislation in this area, but it iwas inadequate because, unlike the new regulations, it does not cover the inherent unfairness and aggressive nature of the sales technique. The new regulations will combat the pressure sales element of certain doorstep sales, which before did not currently constitute a breach of the law.


Misleading omissions

A consumer contacts a trader about digital television reception in his home. The trader visits and offers to supply him with a new arial without making it clear that his old arial was perfectly suitable to receive digital signals.

Not providing consumers with material information to allow them to make an informed choice is prohibited under the new regulations.

If you think you have been caught by an unfair trading practice and seek advice - contact Trading Standards now.