Case Study Of Unfair Commercial Practice

Dishonest and pressure selling can be considered as problematic issues to consumers, which could cost up to £3.3 billion according to the research of Consumer Focus in UK in 2009 . The misleading and aggressive selling not only undermine the fairness of competition between businesses but primarily also damage consumer’s interests and confidence, importantly, restrain the development of EU internal market. However, the level in consumer protection among EU is fragmented as the great divergence between Member States’ legal systems. Thus, Unfair Commercial Practices Directive (UCPD) adopted in 2005 with the full harmonisation provides a uniform set of rules for Member States to tackle unfair commercial practices in order to enhance consumers’

Specifically, part 1 will introduce the Unfair Commercial Practices Directive as the source of the Regulations, including its purpose, scope, structure, its influence on private law in general and its impact on the pre-existing legislation in the UK. Part 2 will be separated into two part, concerning (1) the 2008 Regulations in details including general prohibitions, misleading practices, aggressive practices, outright prohibitions, offences, penalties, defences and illustrate the necessary of the new private rights to redress and (2) the 2014 Regulations including the conditions to apply the new rights, two tiers of remedies and the problems in the