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Consumer Protection from Unfair Trading Regulations 2008

Unfair business practices are being clamped down on by the implementation of the Consumer Protection from Unfair Trading Regulations 2008. This means that those businesses that deal with consumers in a fair and honest manner should no longer have to face competition from traders who use underhand tactics to obtain business at their expense.

However, even those businesses who pride themselves on their honest and fair approach to consumers should review the Regulations, alongside their staff, to ensure they will never face an investigation by trading standards and potential prosecution and fine.

Simple cases of disorganisation could lead to infringement, if for example, registration with a trade association has not been renewed but the business is still claiming membership. To do so would be considered to be automatically unfair and banned in all circumstances.

Another example would be not updated any special offers the business may be advertising and continuing to advertise goods at a special rate when none are left in stock or the business is no longer able to supply the goods at that price. This again is seen as unfair and banned in all circumstances.

Businesses can fall foul of the regulations simply by giving information in an unclear way or by omitting to provide particular information. Therefore it would be highly advisable that businesses review the regulations alongside their sales procedures and literature, and importantly ensure that policies are put in place that make it clear to employees what actions will constitute unfair practices.

Follow this link to read a recent development relating to the Unfair Commercial Practices Directive.

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Notes to Editors

Pearson Hinchliffe Commercial Law is a commercial law practice providing a range of legal services to business and commercial clients in Oldham and accross the North West. The firm's specialities include Company & Commercial, Employment Law, Commercial Litigation and Commercial Property matters.

As one of the leading law firms in the North of England, Pearson Hinchliffe’s mission is to be ‘the complete law firm’ providing the highest quality legal services to its clients. It does this by offering practical and cost effective, high quality legal advice for a wide range of clients.  Each client is catered for as an individual with their business and personal requirements taken into account which allows for a highly personalised service.

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Pearson Hinchliffe Commercial Law | Hollinwood Business Centre, Albert Street, Hollinwood, Gtr Manchester, OL8 3QL
Telephone: +44 (0)161 785 3500, Fax: +44 (0)161 624 2589