Enterprise Bill — [2nd Allotted Day] — Clause 204 — Domestic Infringements — 17 Jun 2002 at 16:30

Amendment proposed: No. 196, in page 147, line 26, at end add-

'(2A) An act or omission or course of conduct falls within this subsection if it amounts to the abuse by the person in question ("the supplier") of his superior knowledge or bargaining strength so that he:

(a) unfairly induces consumers to enter into transactions which are not the result of free and informed decisions; or

(b) unfairly hinders consumers from enforcing rights under any consumer transaction.

(2B) In considering whether an act, omission or course of conduct amounts to an abuse under subsection 2A, the court shall take into account all the circumstances, including the nature of the goods or services in question, the nature and extent of any commitments undertaken by the consumers in question and any lack of good faith on the part of the supplier, and the court may have regard to:

(a) any representation made by the supplier, or failure to disclose information, which unreasonably prevents consumers from making adequate price or value comparisons between competing suppliers;

(b) any exploitation by the supplier of consumers' inability to make free and informed decisions, or to enforce rights under contracts, because of physical or mental infirmity, inability to understand the language of the transaction or other vulnerability;

(c) any failure by the supplier to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow;

(d) any act or omission by the supplier which causes any unreasonable expense of time or money by consumers pursuing legitimate complaints or rights under contracts entered into with the supplier; and

(e) any failure to keep consumers reasonably informed about matters relating to a contract for supply of services, or which might affect a decision whether or not to change suppliers.'.-[Mr. Waterson.]

Question put, That the amendment be made:-

The House divided: Ayes 148, Noes 258.

Debate in Parliament | Historical Hansard | Source |