Post by hasina789956 on Oct 29, 2024 3:08:26 GMT -5
Almost everyone will have to deal with questionable and/or illegal practices in their professional life. Among them, unfair commercial practices constitute an infringement of consumer law and commercial regulations. They aim to deceive or manipulate consumers by distorting their judgment or purchasing behavior, thus creating an imbalance in the commercial relationship. These practices are prohibited because they harm the transparency and fairness of economic exchanges.
Unfair commercial practices are divided into two main categories: deceptive commercial practices and aggressive commercial practices. Each type covers specific methods, which are strictly regulated by law. In this article, we take stock of these two types and their consequences.
What is an unfair business practice?
Let's first start by defining what an unfair business practice is.
It is considered unfair if it significantly bulk email campaigns impairs the consumer's ability to make an informed decision, thereby inducing them to make a decision they would not have made under normal circumstances. These practices can take different forms, ranging from misrepresentation to excessive pressure to influence a transaction.
A practice is considered unfair when it meets two main conditions: it is contrary to the requirements of professional diligence and it significantly influences the economic behavior of the average consumer.
The different forms of unfair commercial practices
2.1. Deceptive commercial practices
Deceptive practices are intended to mislead the consumer, whether through false or misleading statements or through omissions of essential information. There are three subcategories of deceptive practices.
Deceptive practices by action
These practices involve providing false information or presenting facts in a way that deceives the consumer. This includes lying about the main characteristics of a product or service, such as its nature, benefits, risks, price, or origin.
Examples of deceptive practices by action:
A seller who advertises a promotional price when it is the normal price.
An advertisement that attributes properties to a product that it does not possess, such as the ability to cure a disease.
Deceptive practices by omission
In this case, the company deliberately fails to provide essential information that the consumer needs to make an informed decision. The absence of crucial information can therefore mislead the consumer as much as a false statement.
Examples of deceptive practices by omission:
An online shopping site that does not mention shipping costs until after the purchase is complete.
Failure to disclose the time limit of an offer or the conditions attached to a promotion.
Practices deemed deceptive in all circumstances
Certain practices are deemed deceptive, regardless of the situation. These actions are expressly prohibited by law because they are deemed unacceptable in all cases.
Examples of practices deemed to be deceptive:
Declaring yourself a signatory to a code of conduct when you are not.
Announcing a stock clearance sale without actually intending to sell the affected products at reduced prices.
2.2. Aggressive business practices
Aggressive business practices aim to influence the consumer by exerting undue pressure or coercive behavior that limits their freedom of choice.
Unfair commercial practices are divided into two main categories: deceptive commercial practices and aggressive commercial practices. Each type covers specific methods, which are strictly regulated by law. In this article, we take stock of these two types and their consequences.
What is an unfair business practice?
Let's first start by defining what an unfair business practice is.
It is considered unfair if it significantly bulk email campaigns impairs the consumer's ability to make an informed decision, thereby inducing them to make a decision they would not have made under normal circumstances. These practices can take different forms, ranging from misrepresentation to excessive pressure to influence a transaction.
A practice is considered unfair when it meets two main conditions: it is contrary to the requirements of professional diligence and it significantly influences the economic behavior of the average consumer.
The different forms of unfair commercial practices
2.1. Deceptive commercial practices
Deceptive practices are intended to mislead the consumer, whether through false or misleading statements or through omissions of essential information. There are three subcategories of deceptive practices.
Deceptive practices by action
These practices involve providing false information or presenting facts in a way that deceives the consumer. This includes lying about the main characteristics of a product or service, such as its nature, benefits, risks, price, or origin.
Examples of deceptive practices by action:
A seller who advertises a promotional price when it is the normal price.
An advertisement that attributes properties to a product that it does not possess, such as the ability to cure a disease.
Deceptive practices by omission
In this case, the company deliberately fails to provide essential information that the consumer needs to make an informed decision. The absence of crucial information can therefore mislead the consumer as much as a false statement.
Examples of deceptive practices by omission:
An online shopping site that does not mention shipping costs until after the purchase is complete.
Failure to disclose the time limit of an offer or the conditions attached to a promotion.
Practices deemed deceptive in all circumstances
Certain practices are deemed deceptive, regardless of the situation. These actions are expressly prohibited by law because they are deemed unacceptable in all cases.
Examples of practices deemed to be deceptive:
Declaring yourself a signatory to a code of conduct when you are not.
Announcing a stock clearance sale without actually intending to sell the affected products at reduced prices.
2.2. Aggressive business practices
Aggressive business practices aim to influence the consumer by exerting undue pressure or coercive behavior that limits their freedom of choice.