Hot on the heels of the Consumer Protection from Unfair Trading Regulations that came into force at the end of May, the first enforcement order was made under the Regulations on 31 July.
The defendants, Jimmy and Shane Stockwell, who engaged in home handy man services were the subject of a number of complaints including for aggressive behaviour and about the quality of their work. They were ordered by the judge not to breach a range of provisions in the Regulations including:
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not to act in a misleading manner by presenting false information or presenting it in a manner likely to deceive the consumer
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not to make contracts away from business premises without first giving written notice to the consumer of his/her cancellation rights
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not to act in an aggressive manner either in trying to get the consumer to enter into a contract or by obtaining payment
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not to act without professional diligence.
If they disobey the terms of the order the Stockwells risk being in contempt of court which can attract imprisonment, a fine, or both.
The new Regulations provide stronger consumer protection measures and this early action should be a warning to those who engage in unfair trading practices.
This article is a general summary only. If you would like advice on any of the issues raised by it, please contact us. Please bear in mind that the law may change from time to time and this article may not be (or have been) updated to reflect those changes. © afl Solicitors
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