Consumer Protection in UK Law
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Office of Fair Trading v Purely Creative Ltd
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A literal reading of Regulation 6(3)(a) and its equivalent in Article 7.1 of the UCPD might suggest that something approaching an utmost good faith obligation is imposed in relation not merely to the consumer's decision whether to contract, but also to every transactional decision, such as, in the present case, a decision whether to respond to a promotion by post, text message or premium rate telephone call. In my judgment the key to understanding this paragraph is the concept of "need".
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Stevenson and Another v Rogers
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As to the proper construction of s.14(2), given the clear view which I have formed, I do not consider it right to displace that construction simply to achieve harmony with a decision upon the meaning of s.12 of the UCTA 1977. S.14(2) as amended by SG(IT)A 1973 was itself a piece of consumer protection intended to afford wider protection to a buyer than that provided in the 1893 Act.
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Tesco Supermarkets Ltd v Nattrass
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Consumer protection, which is the purpose of statutes of this kind, is achieved only if the occurrence of the prohibited acts or omissions is prevented. It is the deterrent effect of penal provisions which protects the consumer from the loss he would sustain if the offence were committed. If it is committed he does not receive the amount of any fine. As a taxpayer he will bear part of the expense of maintaining a convicted offender in prison.
But this rational and moral justification does not extend to penalizing an employer or principal who has done everything that he can reasonably be expected to do by supervision or inspection, by improvement of his business methods or by exhorting those whom he may be expected to control or influence, to prevent the commission of the offence (see Lim Chin Aik v. The Queen [1963] A.C. 160, 174; Sweet v. Parsley [1970] A.C. 132, 163).
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National Westminster Bank Plc v Morgan
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The doctrine of undue influence has been sufficiently developed not to need the support of a principle which by its formulation in the language of the law of contract is not appropriate to cover transactions of gift where there is no bargain. The fact of an unequal bargain will, of course, be a relevant feature in some cases of undue influence. I doubt whether the courts should assume the burden of formulating further restrictions.
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R v Warwickshire County Council ex parte Johnson
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Davies v Sumner
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Gaps and Challenges in the Enforcement Framework for Consumer Protection in Ethiopia
The effectiveness of consumer protection in a market economy is, inter alia, determined by the quality of the enforcement framework of competition law and consumer protection law. Despite Ethiopia’...
- Product Safety and Consumer Protection
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Consumer Protection and the Trade Practices Act 1974–1975 (CTH)
While State legislatures have responded, to some extent, to pressure for greater legal protection of consumers, consumer protection had never been an area of legislative activity on a national leve...
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Green claims, green washing and consumer protection in the European Union
Purpose: The purpose of this paper is to offer some reflection on the importance of reliable green claims to encourage sustainable production. The role of market is fundamental. Businesses and cons...
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Consumer protection in the listing regime
The FCA has published a speech given by its Head of the UK Listing Authority, Marc Teasdale. The speech is entitled Consumer protection in the listing regime. In his speech, Mr Teasdale discusses t...
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UK Consumer Protection Regulator Cracks Down on Undisclosed Endorsements and “Cherry Picking” Reviews on Social Media
Social media is reportedly rife with influencers promoting or reviewing products or services without disclosing compensation or other consideration that they’ve received for such endorsements. The ...
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PSR publishes two calls for views on APP scams and consumer protection in interbank payments
The PSR is seeking views on potentially far ranging measures which aim to reduce authorised push payment (APP) fraud and improve protection for victims. Alongside this it is looking at increasing c...
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MoU between FCA and CMA on use of concurrent consumer protection powers
The Competition and Markets Authority (CMA) has published a memorandum of understanding (MoU) that it has entered into with the FCA on the use of concurrent powers under consumer protection legisla...
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Mortgage pre-action protocol checklist
County Court forms including the N1 money claim form.... ... prevention support, or ... • mortgage payment protection ... If Yes, please explain why possession proceedings are continuing ... and other secured loans regulated under the ... Consumer Credit Act 1974 on residential property; and ... (iii) unregulated ... ...