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

NRAM plc v McAdam and another – WLR Daily

NRAM plc v McAdam and another [2015] EWCA Civ 751; [2015] WLR (D) 334

‘In a specific loan agreement, which was the template for agreements between a bank and numerous customers, the protections under section 77A of the Consumer Credit Act 1974 had not been incorporated, and no estoppel arose from the existence of the statutory wording in the agreement. Nor was it possible to treat the borrowers “as if” they had been under the protection provided by the 1974 Act. However, there had been a representation (and contractual warranty) arising from the statement that the loan agreement was a regulated agreement, when it was not, which would have entitled the borrowers to sue for misrepresentation or breach of contractual warranty.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

Watchdog to investigate charities’ ‘boiler room’ tactics – The Guardian

Posted July 7th, 2015 in charities, complaints, consumer protection, news by sally

‘The information commissioner is to investigate what he called “boiler room” tactics used by leading charities after claims they secured telephone donations from people with dementia and those who are terminally ill.’

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The Guardian, 7th July 2015

Source: www.guardian.co.uk

EE fined £1m by Ofcom for poor complaints handling – BBC News

Posted July 3rd, 2015 in complaints, consumer protection, fines, news, telecommunications by tracey

‘EE, the UK’s largest mobile phone operator, has been fined £1m by the regulator Ofcom for breaching rules on handling customer complaints.’

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BBC News, 3rd July 2015

Source: www.bbc.co.uk

FCA to consult on issue of unsolicited marketing in consumer credit market this summer – OUT-LAW.com

‘The Financial Conduct Authority (FCA) is to consult on the issue of unsolicited marketing by consumer credit firms this summer, according to an answer given in the UK parliament.’

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OUT-LAW.com, 1st July 2015

Source: www.out-law.com

Regulator opens investigations into transparency of paid online endorsements – OUT-LAW.com

‘The Competition and Markets Authority (CMA) is investigating whether a number of businesses have broken consumer protection laws by failing to disclose that they have paid others to endorse their company online.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Consumer Prepayments on Retailer Insolvency – Law Commission

Posted June 19th, 2015 in consultations, consumer protection, insolvency, news by tracey

‘In a consultation paper published on 18 June 2015, the Law Commission considers whether prepaying consumers should be better protected in the event of company insolvency, either through improved voluntary mechanisms or required by law.’

Full press release

Law Commission, 18th June 2015

Source: www.lawcommission.justice.gov.uk

Shoppers ‘duped’ by millions of fake online reviews – Daily Telegraph

Posted June 19th, 2015 in advertising, consumer protection, inquiries, internet, news by tracey

‘Shoppers who use the internet to research hotels, books, electronics and other purchases are being misled by millions of “fake” reviews orchestrated by companies to trick potential customers, the consumer watchdog warns today as it begins an inquiry.’

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Daily Telegraph, 19th June 2015

Source: www.telegraph.co.uk

Plastic surgeons must give patients chance to change mind, says General Medical Council – The Independent

‘Cosmetic procedure patients should be given a cooling-off period before going under the knife, according to the latest guidance by the General Medical Council (GMC).’

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The Independent, 8th June 2015

Source: www.independent.co.uk

Record PPI fine for Lloyds knocks 12% off Horta-Osório’s bonus – The Guardian

‘Lloyds Banking Group has docked £350,000 from the bonus of its boss António Horta-Osório after being hit with a £117m fine for unacceptable handling of compensation claims for payment protection insurance.’

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The Guardian, 5th June 2015

Source: www.guardian.co.uk

Banks face bigger PPI mis-selling bill as regulator considers compensation rules – The Guardian

‘Banks could face a bigger bill for mis-selling payment protection insurance after the City regulator said it was considering new rules on how customers should be compensated.’

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The Guardian, 27th May 2015

Source: www.guardian.co.uk

Tell us your experience of the legal services regulators – Legal Services Board

‘The Legal Services Board (LSB) is launching a survey today inviting views from anybody and any firm that has been in contact with one of the eight legal services regulators in England and Wales.’

Full press release

Legal Services Board, 14th May 2015

Source: www.legalservicesboard.org.uk

ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

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Technology Law Update, 28th April 2015

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

Consumer group begins ‘super-complaint’ over allegedly ‘misleading and opaque’ supermarket pricing practices – OUT-LAW.com

Posted April 22nd, 2015 in consumer protection, food, news, regulations, sale of goods by sally

‘The Competition and Markets Authority (CMA) will investigate alleged “misleading and opaque pricing practices” by supermarkets in response to a ‘super-complaint’ brought by consumer group Which?, it has announced.’

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OUT-LAW.com, 21st April 2015

Source: www.out-law.com

“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog

Posted April 20th, 2015 in advertising, complaints, consumer protection, EC law, fines, news, privacy, tribunals by sally

‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’

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UK Human Rights Blog, 17th April 2015

Source: www.ukhumanrightsblog.com

ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

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Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

More fines for unsolicited calls or texts likely, says ICO, as new rules come into force – OUT-LAW.com

‘Changes to the rules governing when the Information Commissioner’s Office (ICO) can fine companies for making unsolicited telephone calls or sending unsolicited text messages will help the UK’s privacy watchdog to “make more fines stick”, it has said.’

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OUT-LAW.com, 7th April 2015

Source: www.out-law.com