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ARTICLE · 21 AUGUST 2008

New Regulations On Unfair Trading

Penningtons Solicitors LLP
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The Consumer Protection from Unfair Trading Regulations 2008 came into force on 26 May. They target rogue traders but also require all businesses - whether trading on-line, on the high street or via telephone – to treat consumers fairly.

United KingdomConsumer Protection
Kristian Laingchild
Kristian Laingchild

The Consumer Protection from Unfair Trading Regulations 2008 came into force on 26 May. They target rogue traders but also require all businesses - whether trading on-line, on the high street or via telephone – to treat consumers fairly.

The Regulations are divided into three parts - a general prohibition on unfair commercial practices, a specific prohibition on misleading actions or omissions and aggressive commercial practices, and an annex of 31 practices which are automatically deemed unfair.

General Prohibition

The Regulations have imposed a general prohibition on all business from treating consumers unfairly. They define an unfair commercial practice as 'one that runs contrary to the requirements of professional diligence and which materially distorts the economic behaviour of a consumer or is likely to do so'. The practice may occur either before, after or during a transaction with a

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