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Protection from unfair commercial practices

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

Businesses that sell directly to consumers should be made aware of a Court of Appeal decision which held that a “commercial practice” can refer to a single act or incident, as well as repeated conduct. This case involved the supply of a CCTV system, security equipment and services to an elderly consumer. Although the consumer was regarded as a vulnerable consumer, due to his age and infirmity, there is no suggestion that this interpretation would be limited to cases only involving vulnerable consumers.

This decision means that it is even more important for businesses selling directly to consumers to ensure that they, and their sales teams, do not engage in any act that may constitute an unfair commercial practice. This checklist explains what an unfair commercial practice is and outlines how a business can comply with its obligations under consumer protection legislation.

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