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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
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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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