The European Consumer Centre of Malta has recently published leaflets on Unfair Commercial Practices.

The Consumer Affairs (Amendment) Act has introduced a number of new provisions in relation to unfair commercial practices in the Consumer Affairs Act, implementing EU Directive 2005/29.

A commercial practice can be any act; omission; course of conduct or representation; commercial communication, including advertising and marketing, by a trader directly connected with the promotion, sale or supply of a product to consumers, whether it takes place before, during or after a commercial transaction in relation to the product. Unfair commercial practices are prohibited. A commercial practice shall be unfair if it is either misleading or aggressive.

It is misleading if it contains false or untruthful information. It can also be misleading if it omits material information which may be relevant for the consumer. Misleading information may deceive the consumer even if the information is factually correct, and is likely to cause the consumer to take an unwanted decision obliging him to purchase goods or services which he does not really need.

An aggressive commercial practice, on the other hand, significantly impairs through harassment or coercion, including physical force, the average consumer's freedom of choice causing him to take a transactional decision that he would not have taken otherwise. The law in determining aggressiveness takes into account its timing, location, nature or persistence, use or threats or abusive language, exploiting any specific misfortune or circumstance of such gravity as to impair the judgment of the consumer leading him to make decisions which he would have not otherwise taken.

Certain commercial practices are banned in all circumstances, and are part of a black list.

The leaflet provides examples of unfair commercial practices to help consumers identify and stay away from such practices.

More information can be obtained www.eccnetmalta.gov.mt/other_ publications2?l=1.