Part 4Consumer rights and disputes

Chapter 1Protection from unfair trading

Prohibition of unfair commercial practices

228Aggressive practices

(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.