Part 4

Consumer rights and disputes
Chapter 1

Protection from unfair trading

Prohibition of unfair commercial practices

Misleading omissions
227
1
For the purposes of this Chapter, a commercial practice involves a misleading omission if, considering the matters mentioned in subsection (3), the practice—
a
omits material information,
b
omits information which the trader is required under any other enactment to give to a consumer as part of the practice, or
c
fails to identify its commercial intent (unless it is already apparent from the context).
2
In subsection (1)(a), “material information” means information that the average consumer needs to take an informed transactional decision.
3
The matters referred to in subsection (1) are—
a
any limitations resulting from the means of communication used in the commercial practice (including limitations of space or time), and
b
any steps taken by the trader to overcome those limitations by providing information by other means.
4
In this section, references to omitting information include providing information—
a
in a way that is unclear or untimely, or
b
in such a way that the consumer is unlikely to see it.
S. 227 not in force at Royal Assent, see s. 339(1)
S. 227 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(3)