Consumers have a legal right to claim redress when they are pressured by a seller into buying a product or service they do not want. Aggressive selling is illegal, as it impairs the consumer’s freedom of choice through harassment, coercion, including physical force, or undue influence.

Aggressive selling includes sales tactics that are threatening or abusive towards consumers and practices that try to take advantage of consumers – which the trader could foresee as vulnerable because of mental or physical infirmity, age or credulity.

Examples of aggressive selling include instances where a trader enters a consumer’s home and refuses to leave until the consumer buys something, when the trader gives the impression that the consumer cannot leave the premises until a sale is concluded or when a trader takes the consumer to a remote destination with no apparent return transport unless the consumer agrees to buy the product or service.

Scare tactics used by sellers to convince consumers to buy something are also considered aggressive and hence forbidden. Even advertisements directly aimed at getting children to buy products or persuade adults to buy for them is considered an aggressive practice. Therefore, it is not allowed.

Aggressive practices are banned in any business-to-consumer transaction, irrespective of the product or service, or circumstance of the transaction, be it face to face, via telephone, internet or mail.

The Unfair Commercial Practices Regulations only protect consumers’ economic behaviour, hence issues related to health, safety, taste and decency are outside the scope of the legislation.

When consumers encounter sellers who they feel have been aggressive with them, they may report these traders to the Office for Consumer Affairs, so the necessary legal action is taken to stop these practices.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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