Digital Markets, Competition and Consumers Act 2024 (c. 13)

Part 4 U.K. Consumer rights and disputes

Chapter 1 U.K. Protection from unfair trading

Valid from 06/04/2025

Prohibition of unfair commercial practices U.K.

228 Aggressive practices U.K.

(1) For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of—

(a) the nature of the practice;

(b) the timing and location of the practice;

(c) whether the practice involves the use of any threatening or abusive language or behaviour;

(d) whether the practice exploits any vulnerability of a consumer (including any vulnerability of a kind mentioned in section 247(4));

(e) whether the practice involves a threat to take action which cannot legally be taken;

(f) whether the practice requires a consumer to take onerous or disproportionate action in order to exercise rights that the consumer has in relation to a product.

(3) In this section—

(a) “coercion” includes the use or threat of physical force;

(b) “undue influence” means exploiting a position of power in relation to a consumer so as to apply pressure in a way which significantly limits the consumer’s ability to make an informed decision.

Commencement Information

I1 S. 228 not in force at Royal Assent, see s. 339(1)