Government to legislate to cap the cost of payday loans – OUT-LAW.com

‘The Government will introduce legislation to cap the cost of payday loans to borrowers, the Chancellor of the Exchequer has announced.’

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OUT-LAW.com, 27th November 2013

Source: www.out-law.com

Maletic and another v lastminute.com and another – WLR Daily

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

New payment card data security standards finalised – OUT-LAW.com

“Retailers, banks and other companies involved in processing credit and debit card payments will be subject to a new set of data security requirements from January, the Payment Card Industry Security Standards Council (PCI SSC) has announced.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

Sweet shop owner fined £400 for selling 30p Asda chocolate as £3 Wonka bars – The Independent

Posted November 6th, 2013 in consumer protection, costs, counterfeiting, fines, food, news, trade marks by sally

“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”

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The Independent, 5th November 2013

Source: www.independent.co.uk

Last chance to comment on OFT consultation on online games – Technology Law Update

Posted November 5th, 2013 in consultations, consumer protection, internet, news, undue influence by sally

“The OFT recently published a consultation paper on its proposed eight new sector-wide principles in relation to online and app-based games. Whilst the principles will not be legally binding, they make clear the OFT’s views on businesses’ obligations under consumer protection law. The principles were proposed following the results of the OFT’s investigation in April 2013 which highlighted concerns about pressure put on children to make in-game purchases because of pressure to do so within the games. It was found that, in some games, parents were unwittingly incurring large bills due to their children being misled by aggressive practices which exploited their inexperience and vulnerability (for example, by implying that other players or characters within a game were reliant on the consumer paying for something). The OFT considered that these types of practices may amount to undue influence.”

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Technology Law Update, 5th November 2013

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

Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

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Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

Is this the end for Swap Mis-selling Claims? – No. 5 Chambers

Posted October 30th, 2013 in appeals, banking, consumer protection, contracts, interest, limitations, news by sally

“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”

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No. 5 Chambers, 21st October 2013

Source: www.no5.com

Failing to inform online consumers about cancellation rights should be criminal offence, say trading standards bodies – OUT-LAW.com

“Businesses that sell goods and services to consumers over the internet should face criminal penalties if they fail to display details on cancellation rights, the Trading Standards Institute (TSI) and Association of Chief Trading Standards Officers (ACTSO) has said.”

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OUT-LAW.com, 28th October 2013

Source: www.out-law.com

Emrek v Sabranovic – WLR Daily

Emrek v Sabranovic: (Case C-218/12);   [2013] WLR (D)  390

“Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

OFT to investigate competition between universities – Daily Telegraph

Posted October 22nd, 2013 in competition, consumer protection, news, universities by tracey

“The Office of Fair Trading announced it would examine how universities in England compete for undergraduates and whether degree courses meet students’ expectations.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Commuters could be in line for savings following court case – Daily Telegraph

Posted October 8th, 2013 in consumer protection, costs, news, railways by sally

“A commuter’s court victory could see hundreds of passengers demanding cheaper season tickets as train operators move to plug a ‘loophole’ which he exploited.”

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Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Payday lenders: FCA proposes tougher controls on adverts and rollovers – The Guardian

“Payday lenders will be forced to make tougher affordability checks under a crackdown by the City regulator that could stop borrowers being given loans within minutes of applying.”

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The Guardian, 3rd October 2013

Source: www.guardian.co.uk

In-game app fees face OFT consumer protection crackdown – BBC News

Posted September 26th, 2013 in children, codes of practice, computer programs, consumer protection, news by sally

“A UK watchdog is threatening action against video game app-makers it finds in breach of consumer protection laws.”

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BBC News, 25th September 2013

Source: www.bbc.co.uk

CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Stores ‘fixed sports bra prices’ – BBC News

Posted September 23rd, 2013 in competition, consumer protection, news, ombudsmen, price fixing by sally

“The Office of Fair Trading (OFT) has accused three major department stores of colluding with a manufacturer to fix the price of sports bras.”

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BBC News, 20th September 2013

Source: www.bbc.co.uk

Direct marketing via email to consumers requires ‘extremely clear and specific’ consent, says ICO – OUT-LAW.com

“Organisations need to obtain ‘extremely clear and specific’ consent from individuals in order to conduct direct marketing via email to them or through any other form of electronic marketing message, according to new guidelines.”

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OUT-LAW.com, 10th September 2013

Source: www.out-law.com

Gym chains forced to improve contract terms – Daily Telegraph

Posted September 10th, 2013 in consumer protection, contracts, news by tracey

“Three leading health and fitness operators have been forced to improve their contracts for customers after an investigation by the Office of Fair Trading (OFT).”

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Daily Telegraph, 10th September 2013

Source: www.telegraph.co.uk

Interest-only mortgage providers must treat struggling borrowers fairly, warns regulator – OUT-LAW.com

Posted September 2nd, 2013 in codes of practice, consumer protection, interest, mortgages, news by sally

“Mortgage providers must be able to demonstrate that they have treated customers fairly in cases where those individuals are unable to repay the capital sum owed at the end of the term on an interest-only mortgage, the Financial Conduct Authority (FCA) has said.”

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OUT-LAW.com, 30th August 2013

Source: www.out-law.com

Fraudsters to get police tip-off before searches under new trading laws – The Independent

Posted August 28th, 2013 in bills, consumer protection, fraud, news, notification, trading standards by sally

“Criminals will profit from the ‘unintended consequences’ of new laws meant to protect consumers, the Trading Standards Institute (TSI) is warning.”

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The Independent, 27th August 2013

Source: www.independent.co.uk

OFT blasts carpet and furniture stores for misleading price cuts – Daily Telegraph

Posted August 23rd, 2013 in consumer protection, news, sale of goods by sally

“Britain’s six biggest carpet, bed and furniture chains are being investigated by the Office of Fair Trading for exaggerating price cuts.”

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Daily Telegraph, 23rd August 2013

Source: www.telegraph.co.uk