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