Fightback against scams

Consumers would be given extra protection against rip-off traders and scam merchants, under legal reforms proposed by the Law Commission and Scottish Law Commission.

The commissioners’ report, Consumer Redress for Misleading and Aggressive Practices, published last week, recommends a new legal right of redress against traders that carry out misleading or aggressive practices. Consumers would be entitled to a refund or a discount on the price, and damages could be available if the unfair practice caused additional loss. The new law would also cover situations where companies aggressively harass consumers for payment, where remedies would include refund or damages for distress.

Law Commissioner David Hertzell says: “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.”

Citizens Advice chief executive Gillian Guy says: “The law has neglected to recognise that people should get their money back when they have been subjected to pressure selling.

“Complex laws on misrepresentation have also failed consumers who have been blatantly misled by sales people. We need a simple consumer law to help consumers get a refund or compensation in these cases so that shoppers aren’t left with a sting in their pocket, and we need it fast.”