Consumers may opt to cancel a purchase made when they feel that they’ve been unfairly pressured by the seller to buy a product or service. Aggressive selling is deemed an unfair commercial practice and is therefore prohibited under the Consumer Affairs Act.

Aggressive selling occurs when sellers put consumers through a lot of pressure to convince them to buy something from them. Aggressive commercial practices also limit the consumers’ freedom of choice through harassment, coercion, including physical force, or undue influence. Sales tactics that take advantage of consumers who the trader could foresee as vulnerable because of mental or physical infirmity, age or credulity, are also considered aggressive and hence illegal.

Examples of aggressive selling include situations where a trader enters a consumer’s home and refuses to leave until the latter buys something, or when the trader creates 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 aggrees to buy the product or service offered for sale.

Sellers are also prohibited from using scare tactics to convince consumers that they need to buy a product, such as exaggerating the risk of having one’s house burgled if one does not install an alarm system. Even advertisements directly aimed at getting children to buy products or persuade adults to buy for them is considered an aggressive practice, and hence considered illegal.

Aggressive practices are banned in any business-to-consumer transaction, irrespective of the product or service, or the circumstance of the transaction, being it face to face, via telephone, internet and 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 that the necessary action is taken to stop these unfair business practices.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta  Competition and Consumer Affairs Authority.