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19 May 2011 / David Hertzell
Issue: 7466 / Categories: Opinion
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Time to redress the balance

Victims of scams deserve a clear & easy route to redress, says David Hertzell

When a consumer buys faulty goods, they know they can get their money back. By contrast, their position when they have been duped or pressured into making a purchase is much less clear. The remedies consumers can rely on when rogue traders lie about the products they sell, or use aggressive tactics, lie at the heart of our current consultation, launched last month in collaboration with the Scottish Law Commission (Consumer Redress for Misleading and Aggressive Practices).

Key areas of the proposals

  • Misleading practices such as fake “wins”; “free” goods which are not; falsely claiming to be members of a trade association; or selling “miracle products” which falsely claim to cure illness or restore youth.
  • Aggressive sellers using persistent sales calls; salespersons who ignore requests to leave; threats to damage the consumer’s credit rating unless they pay a disputed debt; aggressive wheel-clamping; or “presentations” where intimidating doormen made it difficult for consumers to leave.
  • New remedies. The Commissions suggest two tiers. Tier 1 remedies use the purchase
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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