Proper interpretation of the 2008 Regulations in the context of a test purchase of goods or services.
Held: ‘a commercial practice for the purposes of article 2(d) of the Directive (and thus regulation 2(1) of the 2008 Regulations) may be constituted by or derived from a test purchase made of a product (including a service) that is generally promoted to and intended for purchase by consumers, even where the purchaser may not himself be a consumer. Specifically, the giving to the test purchaser of an invoice or other document incorporating false information as to a main characteristic of the product (including the execution of a service) that would mislead the average consumer into paying for services that he has not received (which he would not otherwise have done) is a commercial practice which is a misleading action for the purposes of regulations 5 and 9 of the 2008 Regulations, being ‘directly connected with the promotion, sale or supply of a product to . . consumers’.’
Citations:
[2018] EWHC 3007 (Admin)
Links:
Statutes:
Consumer Protection from Unfair Trading Regulations 2008
Jurisdiction:
England and Wales
Crime, Consumer, European
Updated: 13 June 2022; Ref: scu.630573
