Regulation 3 Prohibition of unfair commercial practices
(1)
Unfair commercial practices are prohibited.
(2)
Paragraphs (3) and (4) set out the circumstances when a commercial practice is unfair.
(3)
A commercial practice is unfair if—
(a)
it contravenes the requirements of professional diligence; and
(b)
it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.
(4)
A commercial practice is unfair if—
(a)
it is a misleading action under the provisions of regulation 5;
(b)
it is a misleading omission under the provisions of regulation 6;
(c)
it is aggressive under the provisions of regulation 7; or
(d)
it is listed in Schedule 1.