Len Dastard vs The Consumer Protection from Unfair Trading Regulations 2008 – Part 3

13 July 2011

Bitterwallet-Len-Dastard-featuredHola amigos. It is I, Len Dastard It is I, Len Dastard, real life litigation executive and imaginary retired Mexican lucha libre. I write to you this week whilst enjoying the Festival Internacional de Guitarra. I am known for my musical prowess around these parts. You ask any of the residents of San Juan Grijalva and they will tell you I taught Carlos Santana everything he knows, and arranged the music for his little-known 1996 LP, Feeding the Horses. My talents are endless.

Well, we have reached the last piece in this epic three part feature on the Consumer Protection from Unfair Trading Regulations. For the lazy ones amongst you, you can find the other two pieces here and here.

As promised, this last piece will cover promotional activities and a little bit on competitions. The following are some of the practices which have been banned outright.

Making your item similar to a competitors
This is the practice of misleading consumers by making/branding your product in such a way that it resembles that of another competitor.

Closing down sale
Advertising that you are about to cease trading when you have no intention whatsoever of doing so.

Making out the deal is already complete
Businesses may sometimes give consumers the impression that a deal has already been struck and that they are obliged to pay any invoice or statement.

Advertising to children
Using a direct “buzz word” to children in advertising which makes them try to persuade their parents to buy that particular product. I think that this is going to be quite a difficult regulation to enforce with. I would imagine that only the most blatant adverts will be banned.

Misleading consumer about their entity
Businesses will be banned from giving the impression that they are anything but a business in the hope of securing a deal. The same goes for businesses giving the impression that they are not acting in relation to the trade/profession.

Now we will finish by taking a quick look at “competitions":

Promising a win
Businesses cannot claim that some product will facilitate in winning in a game of chance.

Not awarding a prize
Businesses will be banned from not awarding the described prize or a reasonable equivalent. Seems pretty straightforward!

Making a charge for an “free” gift
If a consumer has to pay anything (other than the cost of delivery or entry) then the business cannot claim that the gift is free.

So there we have it – a brief overview of the very welcome Consumer Protection from Unfair Trading Regulations. Keep an eye on for any of the above and if you have been on the receiving end of these scheming acts (since 2008) get in contact with us at [email protected] . Until then, adios!


  • me
    "Closing down sale" Advertising that you are about to cease trading when you have no intention whatsoever of doing so. Good one. There was a shop in Oxford street that was "closing down" for at least 3 years.
  • Mark C.
    A branch of a well-known sports chain opened opposite my local pub a few years back, with 'Closing Down Sale' signs already in the windows on launch day. They're still there now, some seven years later.

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