CONSUMER PROTECTION ACT 2007

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mind map on consumer protection act 2007
aslhey dogherty
Mind Map by aslhey dogherty, updated more than 1 year ago
aslhey dogherty
Created by aslhey dogherty about 8 years ago
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Resource summary

CONSUMER PROTECTION ACT 2007
  1. AIM
    1. SEEKS TO UPDATE + MODERNISE CONSUMER LAW
      1. ESTABLISHED NCA
    2. FUNCTIONS
      1. PROMOTE + PROTECT INTEREST OF CONSUMERS
        1. ENFORCE + ENCOURAGE COMPLIANCE OF RELEVANT CONSUMER LAWS
          1. INVESTIGATE SUSPECTED OFFENCES
            1. REFER CASES TO DPP
              1. ADVISORY ROLE
                1. MAKE PROPOSALS FOR NEW LEGISLATION
                  1. TAKEN OVER FINANCIAL REGULATORS RESPONSIBILITY TO PROVIDE CONSUMER INFO ON FINANCIAL SERVICES
                  2. DEALS WITH UNFAIR BUSINESS TO CONSUMER COMMERCIAL PRACTICE
                    1. CLAIMS MADE ABOUT GOOD AND SERVICES
                      1. It is illegal for an advertiser to make false or misleading claims about a good / service
                        1. WITHHOLDING OF MATERIAL INFO IS ALSO CONSIDERED MISLEADING
                        2. FALSE CLAIM
                          1. SIMPLY UNTRUE
                            1. e.g. JUMPER IS 100% WOOL, IT ISN'T
                            2. MISLEADING ADVERTISEMENT
                              1. MAY NOT BE ENTIRELY UNTRUE
                                1. e.g. PHOTO OF TOP OF RANGE CAR CONTAINING PRICE FOR MOST BASIC MODEL
                              2. CLAIMS ABOUT USAGE AND PRIOR HISTORY MUST BE TRUE AND ACCURATE
                              3. CLAIMS MADE ABOUT PRICES
                                1. IF PRODUCT / SPECIAL OFFER IS ONLY AVAILABLE IN LIMITED / CERTAIN RETAIL OUTLETS, MUST BE CLEARLY STATED
                                  1. e.g. DUNNES NI
                                  2. CUSTOMER QUOTAS MUST BE CLEARLY STATED
                                    1. CAVEAT EMPTOR - let the buyer beware
                                      1. ILLEGAL TO SAY TV @ £450 IS A GENUINE REDUCTION UNLESS SAME TV AT HIGHER PRICE ON SALE IN SAME PLACE FOR AT LEAST 28 CONSECUTIVE DAYS IN PAST 3 MONTHS
                                      2. AGGRESSIVE RETAIL PRACTICES
                                        1. PROHIBITS HARASSMENT + COERCION
                                          1. USE OF THREATENING / ABUSIVE LANGUAGE / BEHAVIOUR
                                            1. nb LAW OF THE CONTRACT - consent to contract
                                        2. PROHIBITED PRACTICES
                                          1. MAKING FALSE CLAIMS ABOUT CURES
                                            1. OFFERING FREE PRIZES THAT COST MONEY TO CLAIM
                                              1. COMPETITION / TOP PRIZE NOT AVAILABLE
                                                1. PERSISTENTLY COLD CALLING -sales person unwanted / univited
                                                  1. DEMANDING PAYMENT FOR UNSOLICITED GOODS
                                                    1. PYRAMID SCHEMES - scams
                                                    2. PRICE CONTROLS
                                                      1. DECISION OF GOVERNMENT
                                                        1. PRICES MUST BE DISPLAYED IN A CERTAIN MANNER
                                                        2. CODES OF PRACTICE
                                                          1. NCA MUST APPROVE CODES OF PRACTICE DRAWN UP BY TADERS
                                                            1. ISSUE GUIDELINES ABOUT CONSUMER PROTECTION + ISSUE WELFARE QUALITY SCHEMES
                                                            2. ENFORCEMENT
                                                              1. ACCEPT IN WRITING THAT PROHIBITED PRACTICES WILL CEASE
                                                                1. APPLY FOR A PROHIBITION ORDER FROM CIRCUIT / HIGH COURT
                                                                  1. SERVE COMPLIANCE NOTICE TO TRADER NCA BELIEVES ENGAGED IN ILLEGAL ACTIVITY. 14 DAYS TO APPEAL. FAILURE TO COMPLY = CRIMINAL PROCEEDINGS
                                                                    1. SERVE ON-THE-SPOT PENALTIES FOR OFFENCES RELATING TO PRICES e.g. pubs must have price lists displayed
                                                                      1. PUBLISH CONSUMER PROTECTION LIST - list of traders convicted of criminal offences - updated regularly
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