Clause 202 - Domestic infringements
Enterprise Bill
8:15 pm
Mr Derek Conway (Old Bexley and Sidcup, Conservative)
With this it will be convenient to take amendment No. 47, in page 146, line 19, at end add—
'(8) For the purposes of this section an ''unfair commercial practice'' is an act, omission or course of conduct, whether or not it involves a contravention of any enactment or rule of law, which contrary to the requirement of good faith, is deceptive or unfair and which causes detriment to the economic interests of one or more consumers.
(9) In determining whether an act, omission or course of conduct amounts to an unfair commercial practice, the court shall take into account—
(a) the nature of the goods or services in question;
(b) the circumstances of the consumer or consumers in question, including their ability to understand the character, nature and language of any prospective or actual obligation;
(c) the terms of any contract related to the act, omission or course of conduct;
and the court may have regard to whether it involved or involves any of the following—
(d) any misleading or deceptive statement made by the person in question;
(e) any undue influence or pressure exerted by that person on a consumer;
(f) any exploitation by that person of a consumer not reasonably able to protect his own interests because of physical or mental infirmity;
(g) any failure by that person to disclose any information which a reasonable consumer would expect to receive in the circumstances;
(h) any failure by that person to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow.
(10) Without prejudice to the generality of subsection (9) above, the following are indicative and non-exhaustive examples of acts, omissions or conduct which may be regarded as unfair commercial practices—
(a) refusing to leave a consumer's home until a contract has been signed;
(b) putting pressure on a consumer to sign a contract by stating that the same goods, service or price will not be available later when this is not the case;
(c) exaggerating the dangers to which a consumer may be subject to persuade him to buy an insurance policy or other protection product;
(d) pressurising a consumer to sign a contract without a reasonable opportunity to study its contents;
(e) without good reason accompanying a consumer from his home to obtain money for a purchase;
(f) selling goods or services which are clearly unsuitable, having regard to the consumer's apparent disability or infirmity;
(g) awarding a prize which promises a free offer or reduction in price for goods or services which are not in fact available;
(h) promising a prize or award or where the cost of claiming it exceeds the value of the prize or award or where the value of the prize or award cannot be used without further unrevealed expense by the consumer;
(i) unreasonably delaying consideration of a complaint by a consumer under the terms of the contract or requiring the consumer to meet onerous conditions before the complaint is considered;
(j) unreasonably delaying consideration of a claim under an insurance policy or other protection product;
(k) failure to keep a consumer reasonably informed about matters related to a contract which affects him;
(l) obstructing a consumer who attempts to terminate a contract.'.