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Consumer Protection from Unfair Trading Regulations 2008

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Consumer Protection from Unfair Trading Regulations 2008
Statutory Instrument
CitationSI 2008/1277
Introduced byGareth Thomas
Territorial extent 
Dates
Made8 May 2008
Laid before Parliament3 March 2008
Commencement26 May 2008 (2008-05-26)
Other legislation
Amends
Repeals/revokes
Made underEuropean Communities Act 1972
TransposesUnfair Commercial Practices Directive 2005
Revoked byDigital Markets, Competition and Consumers Act 2024
Status: Current legislation
Text of the Consumer Protection from Unfair Trading Regulations 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) is a statutory instrument in the United Kingdom made under the European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptions Act 1968 (c. 29), which it largely repeals. It was designed to implement the Unfair Commercial Practices Directive, as part of a common set of European minimum standards for consumer protection.

Contents

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The regulations introduce new rules about consumer protection and the responsibility of businesses to trade fairly. It places a general duty on traders not to trade unfairly.

The regulations also include a blacklist of 31 banned trading practices.

Enforcement

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In February 2011, Safestyle UK became the first company to be prosecuted under the regulations. In an action[1] brought by North Lincolnshire Council Trading Standards Department they were found guilty under paragraph 25 (ignoring a request not to return)[2] and fined £4000 with £18,000 costs for repeatedly calling on a consumer in Scunthorpe.

Also in 2011 in OFT v Ashbourne Management Services Ltd and others, [2011] EWHC 1237, the High Court ruled that certain minimum gym membership periods and cancellation notices contravened the Unfair Terms in Consumer Contracts Regulations 1999, and also that the defendants' debt collection practices, whereby they threatened to report members credit reference agencies as being in default, contravened the 2008 Regulations.[3]

See also

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References

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  1. ^ "Windows firm hit with £22k bill after persistent cold-call visits". This Is Scunthorpe. 4 February 2011. Archived from the original on 7 February 2011. Retrieved 11 February 2011.
  2. ^ "The Consumer Protection from Unfair Trading Regulations 2008".
  3. ^ PLC Commercial, High Court finds that gym membership contracts were unfair, accessed 7 May 2024
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