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Home maintenance tops list of Consumer Protection cases one year on

59/09    26 May 2009

Cases against home maintenance traders have topped the list of actions in the first year of new consumer legislation, the OFT has revealed today.

Since the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) were introduced on May 26 last year, 171 enforcement cases have been taken by Local Authority Trading Standards Services across the UK.

The majority of CPR cases have been used to take action against rogue traders in the home maintenance and improvement sector, such as those offering paving and tarmacing. This was followed by cases involving house construction, second hand motor vehicles, clothing, gardening products and services and mobile phone products or services.

The complaints relating to home maintenance have included breaches of the CPRs including aggressive selling and misleading actions and omissions.

The legislation has also been used to tackle rogue traders in sectors as diverse as boat rentals, disability aids and pet food. The OFT has provided support and training to local authority TSS on cases including the first use of the CPRs which was undertaken by Wiltshire Trading Standards in July 2008.

The CPRs were introduced to strengthen consumer protection. They contain a general prohibition against unfair commercial practices, and ban misleading actions, misleading omissions and aggressive commercial practices. So, if a trader misleads, behaves aggressively, or otherwise acts unfairly towards consumers, then the trader is likely to be in breach of the CPRs and may face action by enforcement authorities. Breach of the law is an offence punishable by up to two years imprisonment and/or an unlimited fine.

Mike Haley OFT Director of Consumer Protection said:

'The wide scope of cases shows how the new law has strengthened the UK's consumer protection regime. Effective consumer protection is crucial to maintaining consumer confidence especially during the economic downturn. This action by the OFT and Local Authority Trading Standards using the CPRs mean that times are also a lot tougher for rogue traders.'

NOTES

1. The OFT has taken action under the CPRs including launching its first criminal case against a suspected pyramid selling scheme. See press release 17/09 and 48/09.

2. The top six cases under the CPRS in the past year have been home maintenance and improvements (29), house construction (27), second-hand motor vehicles (11) clothing (10) gardening products and services (8) and mobile phone products and services(5).

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