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Section 228 Aggressive practicesI1I2

United Kingdom

(1)

For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence.

(2)

In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of—

(a)

the nature of the practice;

(b)

the timing and location of the practice;

(c)

whether the practice involves the use of any threatening or abusive language or behaviour;

(d)

whether the practice exploits any vulnerability of a consumer (including any vulnerability of a kind mentioned in section 247(4));

(e)

whether the practice involves a threat to take action which cannot legally be taken;

(f)

whether the practice requires a consumer to take onerous or disproportionate action in order to exercise rights that the consumer has in relation to a product.

(3)

In this section—

(a)

“coercion” includes the use or threat of physical force;

(b)

“undue influence” means exploiting a position of power in relation to a consumer so as to apply pressure in a way which significantly limits the consumer’s ability to make an informed decision.

Annotations

Commencement

I1

S. 228 not in force at Royal Assent, see s. 339(1)

I2

S. 228 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(3)