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LEGISLATION: Potentially huge in its effect, 26 May 2008 heralded one of the biggest changes to consumer legislation for 40 years when the Consumer Protection from Unfair Trading Regulations 2008 came into force in England, writes Paul Burnley and Poppy Williams.
Falsely claiming membership of a trade body like the BMF could lead to a conviction
Falsely claiming membership of a trade body like the BMF could lead to a conviction

The CPRs implement the EU Directive 2005/29/EC on Unfair Commercial Practices into UK law and introduce a general duty not to trade unfairly; a prohibition against misleading or aggressive practices; and, interestingly; 31 specific prohibited commercial practices that are always considered unfair are banned outright.

Examples include claiming – falsely - membership of a trade body or that a product has given qualities.

The OFT, local authority Trading Standards Services and the Department of Enterprise, Trade and Investment in Northern Ireland will all have a duty to enforce the CPRs.

Traders found guilty of an offence under the CPRs could face on conviction in the magistrates' court, a fine not exceeding £5,000; on conviction on indictment in the Crown Court, a fine or imprisonment not exceeding two years, or both.

Businesses are advised to consult guidance from the Department of Trade and Industry, the Office of Fair Trading and possibly industry guidance and relevant codes of conduct to be entirely sure that they are compliant.

Details of the 31 banned practices can be downloaded from oft.gov.uk/shared_oft/business_leaflets/530162/oft979.pdf

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Falsely claiming membership of a trade body like the BMF could lead to a conviction

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