Sometimes, when we are on the look-out for the best market deals, we feel certain selling tactics may mislead us and make us take wrong buying decisions.
We feel certain promotional offers tend to mislead us with costs involved in taking up a particular offer. What appears to be ‘free’ may turn out not to be free at all.
In such situations we may wonder whether such practices are legal and whether there is a law that protects us against practices we feel are unfair.
In fact, Part VII of the Consumer Affairs Act specifically prohibits and declares illegal unfair commercial practices.
But what makes a commercial practice ‘unfair’?
The general rule is that if a trading practice is likely to impair our ability in making an informed choice, or else leads us to a buying decision that otherwise we would not have made, then such practice is considered unfair and is prohibited. Misleading and aggressive sales practices are a case in point.
A commercial practice is considered misleading if it contains false information or is likely to deceive the average consumer, even though the information presented is correct. Misleading omissions are also banned because consumers need information to make informed choices.
In other words, any information provided to the consumer has to be clear, intelligible and straightforward.
The Consumer Affairs Act specifically stipulates that a commercial practice is considered misleading if it provides deceiving information on the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, origin, as well as the results to be expected from its use.
Other commercial practices considered as misleading and therefore prohibited include false claims that a particular product or service is free when it is not, or prize promotions where there is either no prize or consumers must make a payment in order to claim a prize.
Also prohibited are false claims that a trader is about to cease trading or move premises; false claims that products can cure illnesses or disabilities; giving the wrong impression that after-sales service is available in another EU member state; and also falsely creating the impression that the trader is not acting in the course of his trade but on behalf of a consumer.
Aggressive practices are also prohibited.
A commercial practice is considered aggressive when it significantly impairs through harassment or coercion, including physical force, our freedom of choice.
Such practices include sales tactics that try to intimidate or coerce consumers; the use of threatening or abusive behaviour; as well as practices that try to take advantage of consumers that the trader can see are vulnerable because of mental or physical infirmity, age or credulity.
It is worth mentioning that this legislation only protects our economic interests. Other interests, such as health, safety, taste, and decency, are outside the scope of this legislation.
This legislation provides us with increased protection because it makes it clear which commercial practices are allowed and which are not.
These rules apply to any business-to-consumer transaction, irrespective of the product or service, or the circumstance of the transaction, whether it is face-to-face, via telephone, internet, or mail.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.