Archive for the 'consumer protection' Category

Law Commissions call for new law to be written to give consumers right to compensation – OUT-LAW.com

“A new law should be created giving consumers the right to take misleading and aggressive businesses to court, the Law Commission and Scottish Law Commission have said.”

Full story

OUT-LAW.com, 18th April 2011

Source: www.out-law.com

Beware of cut-price offers when you come to making your will – The Guardian

“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”

Full story

The Guardian, 17th April 2011

Source: www.guardian.co.uk

OFT launches extended warranties investigation – The Guaridan

“The Office of Fair Trading (OFT) is to examine whether extended warranties for domestic electrical goods, a market worth more than £750m a year, offer consumers value for money.”

Full story

The Guardian, 14th April 2011

Source: www.guardian.co.uk

Consumer Redress for Misleading and Aggressive Practices – Law Commission

“The consultation invites views on reforming the law for consumers on redress for misleading and aggressive commercial practices.”

Full story

Law Commission, 12th April 2011

Source: www.justice.gov.uk/lawcommission

Law Commission proposes new ‘Consumer Act’ – Law Society’s Gazette

“Consumers are finding it too hard to win compensation for misleading and aggressive trading practices and the law must be reviewed, the Law Commission said today.”

Full story

Law Society’s Gazette, 12th April 2011

Source: www.lawgazette.co.uk

Consumers warned over deregulation of legal services – The Guardian

“The legal ombudsman has warned that consumers will need to take even greater care checking the regulatory status of firms offering legal services when the legal world experiences its equivalent of the big bang this autumn.”

Full story

The Guardian, 6th April 2011

Source: www.guardian.co.uk

Ofgem to tackle ‘complex and unfair energy bills’ – BBC News

“Regulator Ofgem has told energy firms they must offer simpler tariffs to help consumers compare prices.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Merger of Competition Commission and OFT meets with muted response – The Lawyer

“Competition lawyers have offered a lukewarm response to Government proposals to streamline and improve the UK’s competition regime.”

Full story

The Lawyer, 16th March 2011

Source: www.thelawyer.com

New investigations regime will accompany new premium rate code, says regulator – OUT-LAW.com

“The way premium phone rate companies are investigated for breaches of the industry code will be changed this spring, regulator PhonepayPlus (PPP) has said.”

Full story

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

Rollover contracts with leaving penalties to be banned, says Ofcom – OUT-Law.com

“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.”

Full story

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

Ofcom will assess UK’s networks from March until May to comply with DEA – OUT-LAW.com

“Telecoms regulator Ofcom will assess the quality of the UK’s telecoms networks for a two month period before delivering its first infrastructure report to the Government in August, it has said.”

Full story

OUT-LAW.com, 9th March 2011

Source: www.out-law.com

ISPs must advertise average broadband speeds, not ‘up to’ speeds, says Ofcom – OUT-LAW.com

“ISPs should be forced to advertise the typical speeds available on internet access packages and not the theoretical maximum currently advertised, telecoms regulator Ofcom has said. They should also not be allowed to cap ‘unlimited’ services.”

Full story

OUT-LAW.com, 2nd March 2011

Source: www.out-law.com

Consumer expectation the vital element in contract fairness, says OFT – OUT-LAW.com

“Companies whose small print changes the basis of consumer deals will face investigation by consumer regulator the Office of Fair Trading (OFT), it has said. According to the OFT, one in five consumers had experienced a contract problem in the last year.”

Full story

OUT-LAW.com, 24th February 2011

Source: www.out-law.com

OFT warns misleading ‘money advice’ firm

“The OFT has ordered Money Advice Direct Limited (MADL), a firm that introduces struggling borrowers to debt management companies, to stop using misleading advertising that presents it as a source of free help.”

Full story

The Guardian, 22nd February 2011

Source: www.guardian.co.uk

Financial watchdogs get new powers – The Guardian

“Investors and consumers will be given greater protection by new financial watchdogs which will have the power to ban retail products and reveal pending enforcement actions against banks and brokers.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Gold-buying websites forced to change trading practices – The Guardian

“The Office of Fair Trading (OFT) has clamped down on gold-buying websites, forcing three firms to make changes to their business practices and two to cease trading altogether.”

Full story

The Guardian, 14th February 2011

Source: www.guardian.co.uk

Credit and debit card surcharges ‘are excessive’ – BBC News

“A super-complaint is to be launched about the ‘murky practice’ of surcharges levied on customers who pay by debit or credit card.”

Full  story

BBC News, 11th February 2011

Source: www.bbc.co.uk

Office of Fair Trading v Purely Creative Ltd and others – WLR Daily

Office of Fair Trading v Purely Creative Ltd and others [2011] EWHC 106 (Ch); [2011] WLR (D) 34

“For the purposes of applying the causation test in regulations 5 and 6 of the Consumer Protection from Unfair Trading Regulations 2008 the combined effect of all relevant misleading acts and omissions had first to be ascertained, and then subjected to the test whether, taken in the aggregate, it would probably cause the average consumer to take a transactional decision which he would not otherwise have taken.”

WLR Daily, 3rd February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Holiday Atol protection set to be expanded – BBC News

“More holidaymakers are set to be protected from losses when a travel company goes bust, the government has confirmed.”

Full story

BBC News, 3rd February 2011

Source: www.bbc.co.uk

High Court backs OFT’s action against scratchcard promoters – OUT-Law.com

“A series of linked scratchcard promotion companies must fundamentally change the way they do business or stop operating after the High Court ruled their promotions were unlawful.”

Full story

OUT-LAW.com, 3rd February 2011

Source: www.out-law.com

Silent calls face threat of £2m fine, says Ofcom – BBC News

“Companies that use automated telephone calls that leave householders hearing nothing can now be fined up to £2m.”

Full story

BBC News, 1st February 2011

Source: www.bbc.co.uk

Banks launch PPI challenge in high court – The Guardian

“High street banks will launch a high court challenge today against rules controlling their handling of complaints about payment protection insurance (PPI).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Blog network promises to label promotional content after OFT investigation – OUT-LAW.com

“Consumer protection watchdog the Office of Fair Trading (OFT) has forced a network of bloggers to make it clear when companies are paying it for coverage. The OFT investigated Handpicked Media under consumer protection laws.”

Full story

OUT-LAW.com, 14th December 2010

Source: www.out-law.com

OFT backs replacement of criminal penalties with civil ones – OUT-LAW.com

“Competition law and consumer watchdog the Office of Fair Trading has welcomed a legal reform proposal that would reduce its reliance on criminal law but has said that proposal should be less rigid to allow it to protect consumers.”

Full story

OUT-LAW.com, 25th Novmber 2010

Source: www.out-law.com

Ofcom launches second TalkTalk investigation – The Guardian

“Inquiry follows claims company mis-sold phone service and switched some internet users to its service without their consent”

Full story

The Guardian, 23rd November 2010

Source: www.guardian.co.uk

Bar Conference lecture: The tyranny of the consumer or the rule of law – Speech by Lord Neuberger

The tyranny of the consumer or the rule of law (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

25th Annual Bar Conference, 6th November 2010

Source: www.judiciary.gov.uk

Thames Water pays £60k compensation after email blunder – Daily Telegraph

“Thames Water has agreed to pay £60,000 in compensation to customers after it admitted ignoring thousands of complaints following an email blunder.”

Full story

Daily Telegraph, 29th October 2010

Source: www.telegraph.co.uk

Consumer laws undermined by gaps and complexity, say Law commissions – OUT-LAW.com

“Consumers face many situations in which a trader has broken unfair trading regulations but they have no direct course of action, the Law Commission and Law Commission of Scotland have said. Laws that could cover consumers are too complex, they said.”

Full story

OUT-LAW.com, 25th October 2010

Source: www.out-law.com

Debt management firms warned of closure by OFT – The Guardian

“More than 100 companies could lose their licence unless they comply with OFT rules after the watchdog discovered misleading advertising and poor advice were rife.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Sainsbury’s taken to court over excess packaging – Daily Telegraph

“Sainsbury’s is to be taken to court for using too much packaging, the first time that a major retailer has been prosecuted under obscure environmental laws.”

Full story

Daily Telegraph, 16th September 2010

Source: www.telegraph.co.uk

Surrey rogue trader jailed for defrauding elderly – BBC News

“A rogue trader has been jailed for more than five years in what is thought to be the longest term handed out for a trading standards prosecution.”

Full story

BBC News, 14th September 2010

Source: www.bbc.co.uk

A fake eBay bidder in County Durham must pay £5,000 – BBC news

“The first eBay seller to be prosecuted for bidding in his own auctions to boost prices has been ordered to pay nearly £5,000 in fines and costs.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

 “In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Competition Commission confirms ban on point-of-sale PPI – The Guardian

“Watchdog rejects appeal, saying ruling will bring more choice and cheaper rates to payment protection insurance market.”

Full story

The Guardian, 14th May 2010

Source: www.guardian.co.uk

Man fined £26k over fake computer games – BBC News

“A man who sold fake computer games over the internet has been ordered to pay £26,405 following a proceeds of crime investigation.”

Full story

BBC News, 12th May 2010

Source: www.bbc.co.uk

Shops ordered to pay £20m over ‘toxic sofas’ – BBC News

“A number of High Street chains has been ordered to pay up to £20m ($31m) to 2,000 people who received chemical burns from sofas.”

Full story

BBC News, 26th April 2010

Source: www.bbc.co.uk

Fish fraud in Cotswolds lands chippy with fine – BBC News

“A fish and chip shop owner has been fined after his business passed a cheaper fish off as cod.”

Full story

BBC News, 22nd April 2010

Source: www.bbc.co.uk

Law Commissions consult on creating new consumer right – OUT-LAW.com

“The Law Commission and Scottish Law Commission are reviewing whether or not consumers should be able to take direct action against retailers who treat them unfairly. It has asked consumers and businesses if the action would be too severe.”

Full story

OUT-LAW.com, 12th April 2010

Source: www.out-law.com

Sunbeds (Regulation) Act 2010

Sunbeds (Regulation) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Under-18s to be banned from using sunbeds – The Independent

“Under-18s are to be banned from using sunbeds under new legislation passed by Parliament. Tanning salons will also have to be manned, meaning that coin-operated booths will be outlawed after several children suffered serious burns after using them without supervision.”

Full story

The Independent, 9th April 2010

Source: www.independent.co.uk

Three year consumer lock-in is illegal, says OFT – OUT-LAW.com

“Gym membership contracts that lasted for three years and could not be cancelled breached consumer protection laws, according to consumer protection regulator the Office of Fair Trading (OFT).”

Full story

OUT-LAW.com, 15th March 2010

Source: www.out-law.com

Most consumers ‘cannot tell good lawyer from bad one’ – Law Society’s Gazette

“Most consumers could not tell a good lawyer from a bad one, according to Ministry of Justice research published this week.”

Full story

Law Society’s Gazette, 4th March 2010

Source: www.lawgazette.co.uk

‘Healer’ faces prosecution over cancer claims – Daily Telegraph

“A self-proclaimed ‘visionary healer’ who claims to be able to treat illness from a distance is facing prosecution by Trading Standards for suggestions that he can cure cancer.”

Full story

Daily Telegraph, 28th February 2010

Source: www.telegraph.co.uk

OFT to test e-commerce contracts for fairness – OUT-LAW.com

“Consumer protection regulator the Office of Fair Trading (OFT) has launched an investigation into whether complex contracts for goods and services are unfair to consumers. The investigation will particularly focus on online transactions.”

Full story

Out-Law.com, 9th February 2010

Source: www.out-law.com

Government to consult on punishments for breaking online air fare rules – OUT-LAW.com

“The Government will consult within weeks on new penalties for airlines that employ hidden charges to mislead consumers. The action will close a loophole by which airlines can avoid penalties for breaking the law.”

Full story

OUT-LAW.com, 11th January 2010

Source: www.out-law.com

Consumer Advocate will get class action-style powers, says Government – OUT-LAW.com

“The Government has published the details of the powers it will award to a consumer champion to take class action-style lawsuits against companies on behalf of large numbers of consumers.”

Full story

OUT-LAW.com, 7th December 2009

Source: www.out-law.com

Aventis Pasteur SA v OB – WLR Daily

Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352

“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Government delay forces rail passengers to wait for better compensation rights – Daily Telegraph

“Millions of British rail passengers will be denied the right to claim a cash refund if their train is late because of the Government’s refusal to implement new EU consumer protection laws.”

Full story

Daily Telegraph, 3rd December 2009

Source: www.telegraph.co.uk

Apple will rewrite T&Cs after OFT objections – OUT-LAW.com

“Apple will have to rewrite its terms and conditions for the UK after action by consumer protection regulator the Office of Fair Trading (OFT), the Office has said. As well as specific changes it will have to redraft the terms in plain English, the OFT said.”

Full story

OUT-LAW.com, 30th November 2009

Soruce: www.out-law.com

Plans to improve consumer redress against financial firms being ‘rushed through’, says ABI – OUT-LW.com

“Consumers will be able to bring class actions against banks, insurers and other financial services firms if the Government’s Financial Services Bill comes into force.”

Full story

OUT-LAW.com, 24th November 2009

Source: www.out-law.com

 

LSB consumer panel to examine referral fees – Law Society’s Gazette

“The Legal Services Board’s new consumer panel will examine referral fees as the very first item on its agenda when it meets for the first time later this month, the Gazette has learned.”

Full story

Law Society’s Gazette, 9th November 2009

Source: www.lawgazette.co.uk

Consumer Remedies for Faulty Goods – Law Commission

“On 4 November 2009, the Law Commission and the Scottish Law Commission published a final report with recommendations on simplifying the law on consumer remedies for faulty goods.”

Full report

Law Commission , 4th November 2009

Source: www.lawcom.gov.uk

 

Silent calls fine raised to maximum of £2m – The Guardian

“Ofcom to clampdown on companies using machines to bulk-call consumers but failing to connect them to an agent when they answer.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

OFT to scrutinise online pricing – BBC News

“Online pricing practices are to be investigated by the Office of Fair Trading (OFT).”

Full story

BBC News, 15th October 2009

Source: www.bbc.co.uk


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