Government recommends replacement of consumer laws
The Government has recommended the replacement of three key pieces of consumer legislation that overlap and are similar. It wants to consolidate them into one law so consumers know where to find it,...
View ArticleCourts must assess jurisdiction clauses in consumer contracts for fairness –...
Under European Union law, business-to-consumer contracts are regulated by the Unfair Contract Terms Directive. A business’s standard terms must be reasonable in order to be enforceable. This extends to...
View ArticleOFT promises to crack down on drip pricing and other misleading practices
The Office of Fair Trading has promised to crack down on misleading selling practices. It says that drip pricing is particularly harmful to consumers. This is the practice whereby additional charges –...
View Article“We Buy Any Car”…just not at the price you think
We Buy Any Car, the online company that buys cars from consumers for re-sale, has agreed to provide written undertakings as to its future conduct after the OFT claimed that the company’s pricing...
View ArticleLaw Commission consults on new laws to give consumers rights to compensation...
The Law Commission is consulting on new laws that would give consumers the right to claim compensation and redress from businesses for misleading and aggressive selling practices. The Consumer...
View ArticleEuropean Commission looks to introduce online arbitration process for...
The European Commission is looking to introduce a new online arbitration system for low value cross-border business-to-consumer disputes to save consumers having to go through the court process. This...
View ArticleMinimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne...
The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their...
View ArticleOFT wins court order against online trader who refused to deliver on time or...
The Office of Fair Trading has successfully obtained a judgment in Cardiff County Court against an online trader who breached various consumer laws. In particular, Mr Arora: Failed to deliver the...
View ArticleLaw Commission consults on new law to give consumers remedies for misleading...
The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...
View ArticleSony requires PlayStation Network users to sign up to terms and conditions...
Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...
View ArticleGovernment proposes new single consolidated Consumer Bill of Rights
UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to...
View ArticleOFT attacks confusing Government plans to reform consumer protection bodies
The Office of Fair Trading has attacked the Government’s proposed plans to reform the roles of various consumer protection bodies, in a response to a Government consultation. The OFT says the changes...
View ArticleTicket exchange website loses as Court of Appeal orders disclosure of...
A ticket exchange website has been ordered to hand over to the Rugby Football Union details of people who have sold on its site England rugby tickets for above the ticket’s face value. Sales above face...
View ArticleFSA publishes guidance for businesses to avoid unfair contract terms
The Financial Services Authority (the FSA – the financial services regulator in the UK) has issued guidance on the Unfair Terms in Consumer Contracts Regulations 1999, which are intended to limit...
View ArticleConsumer contract must clearly state rights to unilaterally vary fees and...
Where a consumer contract provides for a supplier to unilaterally vary fees and the law gives the consumer the right to terminate the contract if that happens, the supplier must state that right in...
View ArticleConsumer had case to not pay for online bets made using his account despite...
Cochrane signed up to be a user of Spreadex’s online betting service. In the sign-up process, he ticked a box agreeing to their terms and conditions. He made a series of bets. Then, having left his...
View ArticleConsumers can sue in home courts even for non-distance contracts – ECJ
Daniela Muhlleitner v Ahmad Yusufi & Wadat Yusufi, European Court of Justice Ms Muhlleitner was resident in Austria and purchased a car from Mr Ahmad Yusufi and Mr Wadat Yusufi in Germany; she had...
View ArticleDas auto ist kaputt! Consumer law under the microscope once more
Hueros v Autociba SA, European Court of Justice The European Court of Justice (ECJ) has concluded that national law which prevents a national court from granting an appropriate reduction in the price...
View ArticleECJ clarifies identification requirements for paid-for publications
RLvS Verlagsgesellschaft mbH v Stuttgarter Wochenblatt GmbH, European Court of Justice The European Court of Justice (ECJ) has clarified that newspaper publishers are required to identify through the...
View ArticleBusinesses Beware: Neglect consumer rights at your peril
Jitesh Salat v Mindaugas Barutis, Court of Appeal The Court of Appeal has found that the failure to include a cancellation notice in a credit hire agreement concluded under the Cancellation of...
View ArticleConsumer Contracts Regulations finalised – Diarise 13 June 2014
The Government has laid the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the “Regulations”) before Parliament and approval for the Regulations has been...
View ArticleCMA warns businesses about the consequence of unfair terms in consumer...
The new Competition and Markets Authority (“CMA”), which recently took over from the Office of Fair Trading, has issued new guidance on consumer contracts which may be considered unfair. Under the...
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