Consumer Protection

Various Schemes

Hotels I The Hotel Proprietors Act regulates certain aspects of contracts between hotels and their guests. A proprietor of a hotel is under a duty to receive as guests at the hotel all persons who present themselves and require sleeping accommodation, food or drink and to provide them therewith unless he has reasonable grounds for refusal.… Read the rest

Unfair Practices

Unfair Commercial Practices Overview Prior to the Consumer Protection Act 2007, there was no general prohibition on unfair commercial practices. The Consumer Protection Act, implementing the EU Directive, provides that a consumer practice may be unfair, if it is contrary to the requirements of professional diligence and it materially distorts or is likely to materially distort, the economic behaviour of the average consumer whom it reaches or to whom it is addressed, with regard to the goods or services concerned.… Read the rest

Trading Stamps

Trading Stamps The Trading Stamps Act 1980 regulates the issue, use and redemption of trading stamps and provides for certain connected matters. The Act was retained by the modern and more general Consumer Protection Act, and its administration is undertaken by the Competition and Consumer Protection Commission.,… Read the rest

Redress

Consumer Redress EU and domestic consumer law has promoted, enhanced and simplified consumer redress. It is recognised that it may not be economically viable for smaller value consumer disputes to be taken to court. An EU Directive and an EU Regulation made in 2013 provide respectively for the alternative dispute resolution of consumer disputes and for the online resolution of consumer disputes.… Read the rest

Oppressive Practices

Prohibited Commercial Practices Aggressive commercial practices are prohibited. An aggressive commercial practice is one which by harassment coercion or undue influence, is likely to cause significant impairment of the average consumer’s freedom of choice of conduct in relation to the product concerned and cause that consumer to undertake a transaction which he would not otherwise undertake.… Read the rest

ODR

EU International Dispute Resolution Regulation The EU International Dispute Resolution Regulation (2013) establishes an EU wide platform for the out of court resolution of consumer disputes. The ODR platform seeks to increase awareness of ADR procedures and is aimed at making individual redress accessible to parties in dispute.… Read the rest

Misleading Practices

Unfair and Misleading Trading Practices The Consumer Protection Act prohibits a wide range of unfair, misleading and aggressive trading practices. It derives from an EU Directive which harmonises EU rules and standards across the European Union, thereby assuring consumers of a level playing field in terms of protection.… Read the rest

Enforcement

Enforcement States must adopt adequate and effective enforcement mechanisms under the Unfair Commercial Practices Directive. Penalties must be effective, proportionate and dissuasive. The National Consumer Agency, now the Competition and Consumer Protection Commission, may take action on its own initiative or on foot of a complaint.… Read the rest

CPC Commission

Competition and Consumer Protection Commission The National Consumer Agency was established in 2007. This coincided with the implementation of the EU Unfair Commercial Practices Directive and the revised Directive on Misleading Advertisements. The Agency has been amalgamated with the Competition Authority to form the Competition and Consumer Protection Commission in 2014.… Read the rest

Background

Consumer Protection Background Until recent times, very little distinction was made between business to business contracts and business to customer or consumer contracts. The law requires that the terms of a contract should be upheld once formed or “agreed”.… Read the rest