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Consumer redress for misleading and aggressive practices (Paperback)
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Consumer redress for misleading and aggressive practices (Paperback)
Series: Scottish Government papers, 2012 21
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This joint report by the Law Commission and Scottish Law Commission
considers the redress available to consumers who have been the
victims of misleading or aggressive practices by traders. Currently
consumers have to rely on private law rights if they want to take
action. The Commissions' review found current private law in this
area to be fragmented, complex and unclear, and recommends new
legislation to provide redress to consumers who experience
misleading and aggressive practices in their dealings with traders.
The aim is to clarify and simplify the current law on misleading
practices, and to improve the law on aggressive practices by
filling the gaps in the current law. Limited reform, targeting the
most serious causes of consumer detriment, is proposed. The report
follows the Consumer Protection from Unfair Trading Regulations
2008 in most, but not all, respects. Recommendations are made on
liability and remedies. Consumers would have the right to unwind
the transaction (get a refund), or receive a discount on the price.
Additional damages may be recoverable to compensate for additional
loss. The report also considers the specific area of unfair payment
collection.
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