Consumer Protection (Amendment) Regulations 2014 amends the Consumer Protection from Unfair Trading Regulations 2008 to solve the issue of consumers having no private right of redress against the trader. The 2008 Regulations make misleading actions unlawful (see regulation 5). An action by a trader is misleading if it contains false information or if it is likely to mislead the average consumer in its overall presentation. The 2008 Regulations make 31 aggressive practices unlawful (see regulation 7). Whether a trader has behaved aggressively is a question of fact, and depends on whether it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice. It covers the use of harassment, coercion or undue influence.
An example Aggressive debt collection is where Debt collection agents harass and threaten a teenager demanding a standard fixed sum settlements for alleged illegal downloads. The teenager’s mother pays the amount requested.