European Commission


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Directive article Emanating from The Office of Fair Trading
Country United Kingdom Title EN Response to the Law Commission and the Scottish Law Commission consultation on consumer redress for misleading and aggressive practices
Keywords judicial recourselegal actionslegal rights

Head note

The English Law Commission and Scottish Law Commission (the "Commissions") consulted (from 12 April - 12 July 2011) on the key question:

"How far should consumers be given a right to redress when a trader acts in a misleading or aggressive way, in breach of the Consumer Protection from Unfair Trading Regulations 2008."

The Commissions published a consultation paper named, "reforming consumer redress for misleading and aggressive practices" which recommended reforms to English and Scottish law in the form of a new law which would cover the private law consequences of traders who were found to act in ways that were aggressive or misleading. The Commissions also proposed a two-tier remedy system for consumers.

The UK Office of Fair Trading ("OFT") published a response in July 2011. In this response the OFT supported the proposed reforms, but argued that the new act should be made wider, to give consumer redress for all breaches of the enabling legislation of the UCP Directive (in particular to cover misleading omissions), and not be limited to instances where the consumer has been victim to misleading commercial or aggressive practices. The OFT commented that vulnerable consumers should be afforded specific protection in the reforms.

General note

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