Consumer Protection (Fair Trading) Act 2003 · 2020 Revised Edition · Schedules
Schedule 2
Feedback & supportSECOND SCHEDULESections 4(d) and 42Part 1Specific Unfair Practices
1. Representing that goods or services have sponsorship, approval, performance characteristics, accessories, ingredients, components, qualities, uses or benefits that they do not have.
goods
“goods” means —(a)any personal property, whether tangible or intangible, and includes —(i)chattels that are attached or intended to be attached to real property on or after delivery; and(ii)financial products and credit, including credit extended solely on the security of land;(b)any residential property; or(c)a voucher;
2. Representing that the supplier has a sponsorship, approval or affiliation with respect to the supply of goods or services that the supplier does not have.
supplier
“supplier” means a person who, in the course of the person’s business —(a)provides goods or services to consumers;(b)manufactures, assembles or produces goods;(c)promotes the use or purchase of goods or services; or(d)receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers,and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, has corresponding meanings;
3. Making a false or misleading representation concerning the need for any goods or services.
services
“services” includes —(a)a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;(b)a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;(c)the right to use time share accommodation under a time share contract; and(d)financial services;
4. Representing that goods or services are of a particular standard, quality, grade, style, model, origin, weight, volume, length, capacity or method of manufacture (as the case may be) if they are not.
5. Representing that goods are new or unused if they are not or if they have deteriorated or been altered, reconditioned or reclaimed.
6. Representing that goods have been used to an extent different from the fact or that they have a particular history or use if the supplier knows it is not so.
7. Representing that goods or services are available or are available for a particular reason, for a particular price, in particular quantities or at a particular time if the supplier knows or can reasonably be expected to know it is not so, unless the representation clearly states any limitation.
8. Representing that a service, part, repair or replacement is needed or desirable if that is not so, or that a service has been supplied, a part has been installed, a repair has been made or a replacement has been provided, if that is not so.
repair
“repair” means, in cases where there is a lack of conformity in goods within the meaning of subsection (4), to bring the goods into conformity with the contract;
9. Representing that a price benefit or advantage exists respecting goods or services where the price benefit or advantage does not exist.
10. Charging a price for goods or services that is substantially higher than an estimate provided to the consumer, except where the consumer has expressly agreed to the higher price in advance.
consumer
“consumer” means an individual who, otherwise than exclusively in the course of business —(a)receives or has the right to receive goods or services from a supplier; or(b)has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
11. Representing that a transaction involving goods or services involves or does not involve rights, remedies or obligations where that representation is deceptive or misleading.
12. Representing that a person has or does not have the authority to negotiate the final terms of an agreement involving goods or services if the representation is different from the fact.
13. Taking advantage of a consumer by including in an agreement terms or conditions that are harsh, oppressive or excessively one‑sided so as to be unconscionable.
14. Taking advantage of a consumer by exerting undue pressure or undue influence on the consumer to enter into a transaction involving goods or services.
15. Representing that another supplier will, on the presentment of a voucher to that other supplier —
voucher
“voucher” means any document that purports to give the holder of the document the right to obtain goods or a service or the right to obtain goods or a service at a discounted or reduced price.
supply certain goods or services; or
supply certain goods or services at a discounted or reduced price,when the supplier knows or ought to know that, on presentment of the voucher to that other supplier, such goods or services will not be supplied, or will not be supplied at a discounted or reduced price, as the case may be.
16. Making a representation that appears in an objective form such as an editorial, documentary or scientific report when the representation is primarily made to sell goods or services, unless the representation states that it is an advertisement or a promotion.
17. Representing that a particular person has offered or agreed to acquire goods or services whether or not at a stated price if the person has not.
18. Representing the availability of facilities for repair of goods or of spare parts for goods if that is not the case.
19. Offering gifts, prizes or other free items in connection with the supply of goods or services if the supplier knows or ought to know that the items will not be provided or provided as offered.
20. Representing that goods or services are available at a discounted price for a stated period of time if the supplier knows or ought to know that the goods or services will continue to be so available for a substantially longer period.
21. Representing that goods or services are available at a discounted price for a particular reason that is different from the fact.
22. Making an invitation to a consumer to purchase, or making an offer to sell to a consumer certain goods or services (called in this paragraph the original goods or services) at a certain price and then, with the intention of promoting different goods or services —
refusing to show or demonstrate the original goods or services to the consumer;
refusing to take any order for the original goods or services;
refusing to supply the original goods or services in a reasonable time; or
showing or demonstrating a defective sample of the original goods.
23. Omitting to provide a material fact to a consumer, using small print to conceal a material fact from the consumer or misleading a consumer as to a material fact, in connection with the supply of goods or services.
material fact
“material fact” means any information that a supplier knows or ought reasonably to know would affect the decision of a consumer to enter into a consumer transaction;
24. Accepting payment or other consideration for the supply of goods or services when the supplier knows or ought to know that the supplier will not be able to supply the goods or services —
within the period specified by the supplier at or before the time at which the payment or other consideration is accepted; or
if no period is specified at or before that time, within a reasonable period.
25. Purporting to assert a right to payment for the supply of unsolicited goods or services.
26. Sending to a consumer an invoice or document that states the amount of payment for the supply of unsolicited goods or services which does not contain, as the document’s most prominent text, the following (or words to that effect): “This is not a bill. You are not required to pay any money.ˮ,unless the consumer has expressly acknowledged to the supplier in writing the consumer’s intention to accept and pay for such goods or services.
27. Where an applicable agreement has been entered into in writing and a copy of the applicable agreement has not been given to the consumer, refusing to give the consumer a copy of the applicable agreement upon the consumer’s request.Part 2INTERPRETATION1. For the purpose of paragraph 25 of Part 1 —
“unsolicited goods or services” means goods or services that are supplied in relation to a consumer transaction to a consumer who did not request them, but does not include goods or services supplied to a consumer who knows or ought to have known that they were intended for delivery to another person unless it was reasonable to believe that the goods or services, if delivered to that other person, would have been unsolicited goods or services; and
consumer transaction
“consumer transaction” means —(a)the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or(b)an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement,but does not include any transaction specified in the First Schedule;
if a consumer is being supplied with goods or services on a continuing basis and there is a material change in the goods or services, or in the supply of the goods or services, the goods or services are to be treated as unsolicited goods or services from the time of the material change unless the consumer consented in writing to the material change.
2. An intention to accept and pay for goods or services (for the purposes of paragraph 26 of Part 1) or a request for goods or services (for the purposes of the definition of “unsolicited goods or services” in paragraph 1(a)) or consent to a material change (for the purposes of paragraph 1(b)) is not to be inferred only from the consumer’s —
payment for the goods or services;
use of, dealing with or disposal of the goods or services;
request to purchase another similar good or service; or
inaction.3.—
For the purpose of paragraph 27 of Part 1, “applicable agreement” means an agreement between a supplier and a consumer for the supply of goods or services which expressly provides that —
the goods or services will not be supplied or, in the case of an agreement to supply goods or services over a period of time, will not begin to be supplied, to the consumer until the price, or part of the price, of the goods or services has been paid; and
the price of the goods or services is to be paid by 2 or more instalments.
In sub‑paragraph (1)(b), any deposit paid by the consumer for the goods or services is treated as an instalment.[25/2016]