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Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive



Consumer protection from unfair trading - guidance - oft1008 GUIDANCE on the UK Regulations (May 2008) implementing the Unfair Commercial Practices Directive © Crown copyright 2008 This publication (excluding the OFT and BERR logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as crown copyright and the title of the publication specified. Guidance on the Consumer Protection from Unfair Trading Regulations 2008 CoNTENTs | 1 CoNTENTs ChAPTER PAGE 1 Using the Guidance 2 PART 1 2 Introduction 7 3 The CPRs – an overview 9 4 Scope 13 5 Assessing unfairness 16 PART 2 6 Banned practices (Schedule 1) 20 7 Misleading practices (Regulations 5 and 6) 28 8 Aggressive commercial practices (Regulation 7) 40 9 Promoting unfair practices in codes of conduct (Regulation 4) 44 10 General prohibition of unfair commercial practices (Regulation 3) 46 PART 3 11 Compliance and enforcement 50 12 Criminal offences 55 13 Investigative powers 59 PART 4 14 Glossary 63 ANNEx A Illustrative examples 71 B Effect on UK law 77 C List of contacts 81 2 | PART 1 | UsING ThE GUIDANCE ChAPTER 1 UsING ThE GUIDANCE AIm of ThE GUIDANCE 1.1 This Guidance is principally intended to help traders to comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). It will also be of use to enforcers, and to consumer advisors in understanding what actions are prohibited. The Guidance sets out the views of the Office of Fair Trading (OFT) and the Department for Business, Enterprise and Regulatory Reform (BERR). It seeks to illustrate how the CPRs may apply in practice. Ultimately, however, only the courts can decide whether or not a commercial practice is unfair within the meaning of the CPRs. This Guidance should not be regarded as a substitute for, or definitive interpretation o

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