Unsolicited Goods and Services Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. 30 |
| Year | 1971 |
(1) A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the commencement of this Act) to another person with a view to his acquiring them F2for the purposes of his trade or business, shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding F3level 4 on the standard scale.threatens to bring any legal proceedings; orplaces or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; orinvokes or causes to be invoked any other collection procedure or threatens to do so,there has been signed by the purchaser or on his behalf an order complying with this section, there has been signed by the purchaser or on his behalf a note complying with this section of his agreement to the charge and before the note was signed, a copy of it was supplied, for retention by him, to him or a person acting on his behalf, ... there has been transmitted by the purchaser or a person acting on his behalf an electronic communication which includes a statement that the purchaser agrees to the charge and the relevant condition is satisfied in relation to that communicationF11, orthe charge arises under a contract in relation to which the conditions in section 3B(1) (renewed and extended contracts) are metthe entry to which the charge relates was ordered in accordance with this section,a proper note of the agreement has been duly signed, orthe requirements set out in subsection (1) (c) F13or (d) above have been met.an order for an entry in a directory must be made by means of an order form or other stationery belonging to the F6purchaser F17, which may be sent electronically but which must bear his name and address (or one or more of his addresses) ; andspecify the particulars set out in Part 1 of the Schedule to the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005, andgive reasonable particulars of the entry in respect of which the charge would be payable.before the electronic communication was transmitted the information referred to in subsection (3B) below was communicated to the purchaser, andthe electronic communication can readily be produced and retained in a visible and legible form.the amount of the charge;the name of the directory or proposed directory;the name of the person producing the directory;the geographic address at which that person is established;if the directory is or is to be available in printed form, the proposed date of publication of the directory or of the issue in which the entry is to be included;if the directory or the issue in which the entry is to be included is to be put on sale, the price at which it is to be offered for sale and the minimum number of copies which are to be available for sale;if the directory or the issue in which the entry is to be included is to be distributed free of charge (whether or not it is also to be put on sale) , the minimum number of copies which are to be so distributed;if the directory is or is to be available in a form other than in printed form, adequate details of how it may be accessed; andreasonable particulars of the entry in respect of which the charge would be payable.(3C) In this section “electronic communication” has the same meaning as in the Electronic Communications Act 2000.
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