Helen Hart considers the impact of the Unfair Commercial Practices Directive
Traders could find their creativity stifled by the Unfair Commercial Practices Directive 2005/29/EC (the Directive). Is it simply creating more red tape or will it create a level playing field which will prove a benefit for businesses? A recent Times article (27 April 2007) suggested that theatres and promoters would fall foul of the Directive if they used selective quotes from reviews to sell tickets for performances. The view was expressed that if positive-sounding quotes from otherwise negative reviews were used out of context, they would be contrary to the Directive, which outlaws giving information which is likely to mislead the average consumer, even if such information is correct.
Another practice which could fall foul of the Directive is the practice of insurance companies advertising a 14-day money back guarantee if you find a cheaper price for similar insurance elsewhere, when insurance companies must offer a cancellation period. Consequently, selling this as a benefit with the implication that it is an addition to the consumer’s legal rights could fall foul of the
