Consumer Protection From Unfair Trade and Regulations 2008 Flashcards

1
Q

What legislation prohibits unfair commercial practices?

A

The Consumer Protection from Unfair Trading Regulations 2008

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2
Q

What is the aim of the Regulations?

A

To encourage businesses to deal fairly with consumers

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3
Q

When is a commercial practice unfair?

A

If it does not meet the requirements of professional diligence and distorts the average customers economic behaviour

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4
Q

What are examples of unfair commercial practice? (4 points)

A
  1. A misleading action
  2. A misleading omission
  3. Aggressive
  4. Listed in schedule 1
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5
Q

What are offences of unfair commercial practice punishable by?

A

A fine, indictment by a fine, or up to two years imprisonment

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6
Q

The Trading Standards Office can decide to take civil action when?

A

To address breaches, but there is a defence of due diligence

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7
Q

The regulations are enforced by the Trading Standards Office, which has what powers?

A

Legal powers of entry, inspection and seizure

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8
Q

Action must be taken within how long of an offence taking place?

A

Within 3 years

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9
Q

Action must be taken within how long of the TSO being notified?

A

Within 1 year (or within 3 years of the offence taking place - whichever is earlier)

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10
Q

Who have negotiated primary authority status with Warwickshire Trading Standards?

A

NAEA and ARLA

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11
Q

The Business Protection from Misleading Marketing Regulations 2008 affect what?

A

The way businesses advertise

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