Sorry for the spam, it's undoubtedly going to get me banned! Because 'bad press' but if I do then I actually have a case because of the 'Unfair trading regulation 2008'
What is unfair?
Under the Regulations, a commercial practice is 'unfair' if it fits both of the following requirements:
- It falls below the good-faith standards of skill and care that a trader in that industry would be expected to exercise towards customers, and
- It affects, or is likely to affect, consumers' ability to make an informed decision about whether to purchase a particular product
A trader will be committing an offence under the Regulations if he knowingly or recklessly engages in an 'unfair' practice.
A trader will be committing an offence if it does any of the following:
- omits material information that the average consumer needs, according to the context, to make an informed decision about a transaction
- hides or provides material information in an unclear, unintelligible, ambiguous or untimely manner
- fails to identify that a transaction has a profit-making motive (where this isn't already apparent from the context)
Information must also be displayed clearly - obscure presentation is tantamount to an omission.
The list of banned practices includes the following:
- Bait advertising Luring the consumer with attractive advertising around special prices when the trader knows that he cannot offer that product, or only has a few in stock at that price.
- Bait and switch Promoting one product with the intention of selling you something else
- Limited offers Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.
New right to redress
The Regulations give you rights to redress - if you've been the victim of a misleading action - for example a false statement - or aggressive selling.
These break down into three key areas
A right to undo the contract
A right to a discount on the price paid
An entitlement to seek damages
My argument would be, can I make an informed choice with no information?
I think OCUK is treading close to the line here, as ommissions aren't covered under the redress policy.