Law Commissions' report proposes Government targets rogue traders in new Consumer Bill of Rights

Both the Law Commission for England and Wales and the Scottish Law Commission have acknowledged that high-pressured doorstep selling is a bigger problem amongst older and housebound people than the rest of the population.

The bodies’ joint report on the ‘Consumer Redress for Misleading and Aggressive Practices’, published last week, proposes to reform consumer rights laws in order to allow for a more effective “public enforcement” of laws that currently fall under definitions of misrepresentation, that the Report calls “complex and uncertain”.

Studying accounts of misleading and aggressive trade, the Report states, “we were given many examples of elderly consumers who had suffered unscrupulous hard-selling on the doorstep, where, for example, salesmen pretended to be from social services or refused to leave when asked”.

Despite unacceptable sales tactics being a common occurrence, the Commissions confirm that “relatively few prosecutions” are made and propose their recommendations for civil actions are considered when the Government produces its Consumer Bill of Rights.

Key recommendations include a firmer definition of the contract between service provider and consumer, the ability to obtain compensation orders without reforming court procedures, and the establishing of a concise means of defining a misleading practice, as well as a tougher line on ‘pure omissions’, where salespeople have hidden important information from the consumer that would clearly have affected their opinion of the sale.

Law Commissioner David Hertzell commented: “Recent research by the Office of Fair Trading shows that elderly and vulnerable consumers are being systematically targeted by these unfair trading practices. We have an ageing population and, without reform, this victimisation of the vulnerable can only get worse.

“By simplifying the law, our recommended reforms will give more confidence to consumers and help drive rogue traders out of the market place, where currently they damage the reputation and livelihood of good, honest businesses.”

Scottish Law Commissioner Professor Hector MacQueen claimed: “Consultees strongly supported our reforms. We hope that our recommendations will be included in the Government’s proposed Consumer Bill of Rights.”