Dyson considers appealing court rule against changing EU energy labelling laws – The Guardian

Posted November 12th, 2015 in appeals, consumer protection, EC law, energy, news by sally

‘Dyson is considering launching an appeal after its legal bid to change the EU energy labelling of vacuum cleaners – based on its claims that rival models were receiving misleadingly high ratings – was thrown out by a European court.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

Debt advice firm that made 1m unsolicited calls fined £120,000 – The Guardian

‘A company that made more than1m unsolicited calls in a month offering to write off people’s debts has been fined £120,000 by a government watchdog.’

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The Guardian, 10th November 2015

Source: www.guardian.co.uk

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Hundreds to seek compensation for bank mis-selling – Law Society’s Gazette

Posted October 29th, 2015 in banking, compensation, consumer protection, news by sally

‘Hundreds of firms are set to pursue claims against banks for mis-selling interest rate hedging products before the financial crash, in an area which could generate thousands of claims for compensation.’

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Law Society’s Gazette, 27th October 2015

Source: www.lawgazette.co.uk

Criminals may be behind TalkTalk’s cyber breach, but it can still be penalised by regulators – Technology Law Update

‘The revelations emerging about a major cyber attack on telecoms and broadband supplier TalkTalk are every CIO’s worst nightmare. But hard-working companies that are doing their best to stay ahead of the hackers shouldn’t be criticised, should they?’

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Technology Law Update, 23rd October 2015

Source: www.technology-law-blog.co.uk

Three in four universities ‘breach law on website information’ – Daily Telegraph

Posted October 23rd, 2015 in consumer protection, fees, internet, news, universities by sally

‘Three quarters of universities are breaching consumer law by failing to tell students what their fees will buy them.’

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Daily Telegraph, 22nd October 2015

Source: www.telegraph.co.uk

Users who post ‘fake’ Amazon reviews could end up in court – Daily Telegraph

‘Online retail giant files papers in the United States against more than 1,000 people, claiming that its brand reputation is being tarnished by ‘false, misleading and inauthentic’ reviews.’

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Daily Telegraph, 18th October 2015

Source: www.telegraph.co.uk

The Consumer Rights Act 2015: Unfair Terms – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, news, unfair contract terms by sally

‘Consumers are ‘asked’ to agree to a deluge of contractual terms on an ever more frequent basis. If they do not agree, they are often told to lump it or leave it. However, consumers have, for some time, been protected against being bound by ‘unfair terms’ by virtue of the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). From 1 October 2015 that statutory protection will change; Part 2 of the Consumer Rights Act (the Act) will replace UCTA (to the extent that it relates to business to consumer contracts) and the UTCCRs (in their entirety) respectively.’

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Henderson Chambers, 16th September 2015

Source: www.hendersonchambers.co.uk

The Consumer Rights Act 2015: New rules for digital content – Henderson Chambers

Posted October 7th, 2015 in consumer protection, contracts, electronic commerce, news, sale of goods by sally

‘The bulk of existing consumer rights legislation was enacted before the rise of the internet. Accordingly, it is hardly surprising that it is silent in relation to defective digital products. As the law stands, the legal status of digital content, particularly whether it can amount to “goods” within the meaning of the Sale of Goods Act 1979, is unclear. With the advent of theConsumer Rights Act 2015 this will all change – the Act introduces a new category of sales contract, namely contracts between a trader and consumer in relation to ‘digital content’ (as distinct from goods or services). The rights and remedies for digital content are found in Part 3 of the Act.’

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Henderson Chambers, 10th September 2015

Source: www.hendersonchambers.co.uk

The Consumer Rights Act 2015: Financial Services & Consumer Credit – Henderson Chambers

Posted October 7th, 2015 in consumer credit, consumer protection, contracts, enforcement, news by sally

‘The Consumer Rights Act 2015 comes into force on 1 October 2015. In anticipation, Henderson Chambers is publishing a series of Alerters reviewing the key provisions. In this final article in the series, Rachel Tandy considers the impact of the legislation on the financial services sector.’

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Henderson Chambers, 28th September 2015

Source: www.hendersonchambers.co.uk

Dust settles on new UK antitrust litigation regime – Zenith Chambers

Posted October 7th, 2015 in class actions, competition, consumer protection, news, tribunals by sally

‘With the Consumer Rights Act 2015 competition law provisions coming into effect on 1 October it is time to reflect on what the reforms, including the new opt-out collective actions regime and enhanced role for the Competition Appeal Tribunal (CAT), will mean in practice.’

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Zenith Chambers, 5th October 2015

Source: www.zenithchambers.co.uk

Consumer Rights Act now in force in the UK – OUT-LAW.com

Posted October 5th, 2015 in consumer protection, damages, EC law, internet, news, time limits by sally

‘New consumer rights legislation has come into force in the UK.’

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OUT-LAW.com, 2nd October 2015

Source: www.out-law.com

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

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Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

US-style class actions introduced in UK – BBC News

Posted October 1st, 2015 in class actions, compensation, competition, consumer protection, news, tribunals by sally

‘A newly introduced law allows British courts to hear US-style class actions – where one or several people sue on behalf of a much larger group.’

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BBC News, 1st October 2015

Source: www.bbc.co.uk

Right to 30-day refund becomes law – BBC News

Posted October 1st, 2015 in consumer protection, news by sally

‘New consumer protection measures – including longer refund rights – have come into force under the Consumer Rights Act.’
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BBC News, 1st October 2015

Source: www.bbc.co.uk

Sale of silicone implants made by Silimed suspended by UK regulator – The Guardian

Posted September 24th, 2015 in consumer protection, cosmetic surgery, health, health & safety, news, sale of goods by tracey

‘The UK’s health regulator has suspended sales of silicone implants made by Brazilian company Silimed and recommended that none of the devices be implanted until further advice.’

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The Guardian, 24th September 2015

Source: www.guardian.co.uk

Unfair law fails to protect logbook loan consumers – Law Commission

‘Logbook loan borrowers have too little protection – and those who unwittingly buy cars subject to logbook loans have none at all. Today the Law Commission opens a consultation to reform the archaic law underlying logbook loans – the “Bills of Sale Acts” – which remains unchanged since Victorian times.’

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Law Commission, 9th Spetember 2015

Source: www.justice.gov.uk/lawcommission

The Consumer Rights Act 2015: an overview – Henderson Chambers

Posted September 7th, 2015 in consumer protection, EC law, news, unfair contract terms by sally

‘The Consumer Rights Act 2015 is a landmark in the field of consumer law. In anticipation of the coming into force on 1 October 2015 of many of the provisions within the Consumer Rights Act 2015, Henderson Chambers will be publishing a series of alerters highlighting different aspects of the new statutory regime, particularly insofar as it governs the content of consumer contractual relationships and how products should be offered to consumers.’

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Henderson Chambers, 3rd September 2015

Source: www.hendersonchambers.co.uk

Universities must bear consumer law in mind when marketing courses on social media, says expert – OUT-LAW.com

Posted September 3rd, 2015 in advertising, consumer protection, internet, news, universities by sally

‘FOCUS: As universities adopt increasingly innovative tactics to recruit new students, they must be careful not to ignore their obligations under consumer protection law and must comply with regulatory guidance.’

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OUT-LAW.com, 2nd September 2015

Source: www.out-law.com

Consumer rights rules will not apply where personal data, not money, is exchanged for digital content – OUT-LAW.com

Posted August 12th, 2015 in consumer protection, contracts, data protection, EC law, internet, news, privacy by sally

‘Businesses selling or licensing digital content will not have to honour most “rights and remedies” that consumers will have under new UK consumer protection laws where those consumers exchange access to their personal data rather than money in return for that content, a UK regulator has said.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com