The Consumer Protection from Unfair Trading Regulations 2008 (
SI 2008
This is an incomplete list of statutory instruments of the United Kingdom in 2008.
1–100
* Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2008S.I. 2008/3
* Information as to Provision of Education (England ...
/1277) is a
statutory instrument in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
made under the
European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the
Trade Descriptions Act 1968
The Trade Descriptions Act 1968 (c. 29) is an act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on.
This law empo ...
(c. 29), which it largely repeals. It was designed to implement the
Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive 2005/29/EC regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It i ...
, as part of a common set of European minimum standards for consumer protection.
Contents
The regulations introduce new rules about
consumer protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
and the responsibility of businesses to trade fairly. It places a general duty on traders not to trade unfairly.
The regulations also include a blacklist of 31 banned trading practices.
Enforcement
In February 2011,
Safestyle UK
Safestyle UK plc, part of the Safestyle UK , was a provider of PVCu double glazed windows, doors, French doors, patio sliding doors, bifolding doors and conservatories in the United Kingdom.
History
Established on 22 December 1992 with £2,00 ...
became the first company to be prosecuted under the regulations. In an action brought by North Lincolnshire Council Trading Standards Department they were found guilty under paragraph 25 (ignoring a request not to return) and fined £4000 with £18,000 costs for repeatedly calling on a consumer in
Scunthorpe
Scunthorpe () is an industrial town in Lincolnshire, England, and the county's third most populous settlement after Lincoln, England, Lincoln and Grimsby, with a population of 81,286 in 2021. It is the administrative centre and largest settleme ...
.
Also in 2011 in ''OFT v Ashbourne Management Services Ltd and others'',
011EWHC 1237, the
High Court ruled that certain minimum
gym
A gym, short for gymnasium (: gymnasiums or gymnasia), is an indoor venue for exercise and sports. The word is derived from the ancient Greek term " gymnasion". They are commonly found in athletic and fitness centres, and as activity and learn ...
membership periods and cancellation notices contravened the
Unfair Terms in Consumer Contracts Regulations 1999
Unfair may refer to:
* The negative form of the adjective ''fair
A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting fro ...
, and also that the defendants'
debt collection
Debt collection or cash collection is the process of pursuing payments of money or other agreed-upon value owed to a creditor. The debtors may be individuals or businesses. An organization that specializes in debt collection is known as a coll ...
practices, whereby they threatened to report members
credit reference agencies
A credit bureau is a data collection agency that gathers account information from various creditors and provides that information to a consumer reporting agency in the United States, a credit reference agency in the United Kingdom, a credit report ...
as being in default, contravened the 2008 Regulations.
[PLC Commercial]
High Court finds that gym membership contracts were unfair
accessed 7 May 2024
See also
*
Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive 2005/29/EC regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It i ...
*
Unfair Terms in Consumer Contracts Directive
Unfair may refer to:
* The negative form of the adjective ''fair''; unfairness or injustice
Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situation, or to a ...
*
Product Liability Directive
The Product Liability Directive''85/374/EECis a directive of the Council of the European Communities (now the European Union) which created a regime of strict liability for defective products applicable in all member states of the European Union, ...
*
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
*
EU law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
References
External links
Text of the Regulations from legislation.gov.uk
BBC News - New rules for consumer protection
United Kingdom contract law
2008 in British law
Statutory instruments of the United Kingdom
Consumer protection in the United Kingdom
Consumer protection legislation
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