# Digital Markets, Competition and Consumers Act 2024, Section 228: Aggressive practices

Extent: E+W+S+N.I.

(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.

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Source: https://www.legislation.gov.uk/ukpga/2024/13/section/228 (the official version)
Page: https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024/section-228
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.