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What are the banned commercial practices?

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Schedule 1 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT) contains a list of 31 prohibited practices. These practices are (in all circumstances) unfair and therefore banned outright. The 31 practices are as followed:

  • Code of conduct signatory claims. This is claiming to be a signatory to a code of conduct when the trader is not.
  • Displaying a trust mark without authorisation.
  • False claims that a code of conduct is endorsed.
  • False claims that a trader or its product has been endorsed.
  • Bait advertising. This is making an invitation to purchase a product at a specified price without disclosing any information the trader may have for believing they will not be able to supply/procure that product at that price.
  • Bait and switch advertising. This is making and invitation to purchase products at a specified price and then: Refusing to show the advertised item to consumers Refusing to take orders for it or deliver it in a reasonable time. Demonstrating a defective sample of it.
  • False representations about the availability of a product.
  • False undertakings regarding languages for after-sales support. This is offering after-sales support in a language which is not English in the case of a trader located in the United Kingdom or not an official language of the European Economic Area (EEA) State where the trader is located without clearly disclosing this information to the consumer before the transaction is made.
  • False representations that a product can be legally sold.
  • False representations about the consumer’s legal rights.
  • Undisclosed advertorials. This is when a trader pays for a promotion that promotes a product using editorial content in the media without making it clear that it is a paid for promotion.
  • False claims about risks to consumers personal security.
  • Copycat packaging and other confusing promotions. This is promoting a product in a way that leads the consumer to believing it is manufactured by someone it is not.
  • Pyramid schemes. This is when a consumer pays for the opportunity to receive compensation that results from the introduction of other consumers into the scheme rather than from the sale or consumption of products.
  • False ‘closing down’ sales.
  • Aids to winning games of chance.
  • False cure claims.
  • Misinformation about market conditions.
  • Failing to award prizes in a promotion.
  • False claims that products are ‘free’, ‘gratis’, ‘without charge’ or similar.
  • Falsely giving the impression the consumer has already ordered.
  • Traders misrepresenting themselves as consumers.
  • Misrepresenting the availability of after-sales support.
  • Preventing consumers from leaving the premises.
  • Ignoring requests to leave consumers home.
  • Persistent and unwanted phone-calls, faxes, and emails.
  • Requiring irrelevant documents or not responding to correspondence.
  • Exhorting children to buy products or encouraging children to pester parents to but products.
  • Passive or inertia selling. This is demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer.
  • Traders hardship stories.
  • Falsely representing the consumer has won.

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