Unfair trading practices – London Borough of Bromley

In this guide, the words 'must' or 'must not' are used where there is a legal requirement to do (or not do) something. The word 'should' is used where there is established legal guidance or best practice that is likely to help businesses avoid breaking the law.

This guidance is for England, Scotland and Wales

You have the right to expect that traders are honest and treat you fairly when they advertise, sell and supply products to you. In most cases, this is what happens because traders recognise that trading fairly generates customer loyalty and creates better business success.

However, there are some traders who will intentionally mislead you, leave out or hide important information, engage in aggressive commercial practices or otherwise trade in a way that is unfair.

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) explains what unfair commercial practices are, prohibits their use and spells out the consequences for a trader that breaks the law. Commercial practices relate to the promotion or supply of a trader's product to a consumer, another trader's product to a consumer or a consumer's product to a trader or to another person.

This guide gives you information on the law and how unfair commercial practices are dealt with.

WHICH PRODUCTS DOES THE LAW COVER?

The definition of a 'product' under the Act is wide-ranging and covers:

goods (includes immoveable property, rights and obligations)
a service
digital content

WHAT DOES THE LAW BAN?

There is a general ban, or prohibition, on unfair commercial practices

What does 'commercial practice' mean? A commercial practice is anything done by a trader to promote, sell or supply a product at any point before, during or after you make a purchase (if any). It is considered an 'unfair commercial practice' if the following apply:

a trader contravenes the requirements of professional diligence, which means they do not meet the standard of skill and care in keeping with honest practices and general principles of good faith within their field of activity
it is likely to alter a decision the average consumer takes about the product

As well as a general ban, the DMCCA also bans commercial practices that are misleading due to a trader's action or omission, or because they are aggressive, and are likely to cause the average consumer to take a different decision about a product.

An 'average consumer' is defined as someone who is reasonably well informed, reasonably observant and circumspect (wary and unwilling to take risks). Where a commercial practice is directed at a target group, or a clearly identifiable group of consumers who are particularly vulnerable to the practice, the 'average consumer' is considered to be the average member of that group.

There is a list of 32 commercial practices that are considered unfair in all circumstances and are therefore banned (see 'Commercial practices that are banned outright' below).

MISLEADING ACTIONS

You have the right to expect that a trader gives you clear and accurate information, which allows you to make an informed decision about a product; however, some traders do not play by the rules. A commercial practice becomes a misleading action when a trader gives you false information or presents it in such a way that it is likely to deceive you (even if it is factually correct) and you then take a decision about the product that you would not otherwise have taken.

Misleading actions involve:

providing false or misleading information relating to a product, a trader or anything that is relevant to a transactional decision (any decision you make relating to the purchase or supply of a product, whether you decide to keep it or dispose of it and rights you have under contract)
an overall presentation that is likely to deceive you, as an 'average' consumer, about something relating to the product and any other matter that is relevant to your decision to buy
marketing a product in such a way that it creates confusion with a competitor's products, trade marks, trade names and any other distinguishing marks, and influences the decision you take about the product - for example, the brand name chosen by a trader for a style of trainers may closely resemble that used by a competitor to such an extent that you may be confused and buy the wrong pair
failure by a trader to comply with a firm commitment contained within a code of practice; a code that they said they would comply with. For example, a trader does not issue certificates of compliance when the code of practice makes it a requirement to do so

MISLEADING OMISSIONS

Information that a trader doesn't provide is as important as what they do provide when you are taking a decision about a product. Missing critical information about a product can significantly influence your purchasing decision. Would you buy a car if a trader told you up-front that the 'one owner from new' was a hire company?

A commercial practice involves a misleading omission when:

a trader leaves out or hides important information (the DMCCA calls it 'material' information) - for example, not telling you that the car you are viewing was previously written off
the important information is provided in such a way that it is unclear - for example, when a salesperson deliberately hides the real meaning behind 'technical' language
the important information is not given to you at the correct time, perhaps after you have made an important decision - for example, the product you have bought cannot be used without buying an expensive accessory
providing information in such a way that you are unlikely to see it
failing to give you information that you are legally required to have
failing to identify the commercial intent or purpose behind the practice, unless it is already clear

The overall picture matters when deciding whether a trader has misled you by omission. Limitations (including time and space) set by the method used by a trader to communicate the information to you may affect how much information a trader can give you about a product. They must, however, take measures to make information available to you by other means. For example, a radio advertisement may give details of a website where you can find more information about a product.

MISLEADING OMISSIONS FROM AN INVITATION TO PURCHASE

An 'invitation to purchase' is a type of commercial practice that involves providing you with key information about the product and its price that helps you to decide whether or not to purchase it.

Omitting (leaving out) or hiding the following information is considered misleading:

main characteristics of the product
total price or how it is calculated
trader's identity or the identity of anyone acting on behalf of the trader
business address or business email address of the trader on anyone acting on their behalf
freight, delivery or postal charges including any taxes (if these cannot be worked out in advance, you must be informed that they are payable)
any right to withdraw or cancel (where this right exists)
any departure by the trader from their published arrangements for payment, delivery, performance or complaint-handling
any other information the trader is legally required to give you

AGGRESSIVE PRACTICES

Some traders will not take no for an answer and use high-pressure selling techniques to make a sale. Under the DMCCA, aggressive practices are banned, but what is considered 'aggressive'?

A commercial practice is aggressive if the following occur:

a trader uses harassment, coercion (includes the use or threat of physical force) or undue influence (applies pressure by exploiting a position of power in a way that significantly limits your ability to make an informed decision
it is likely to cause you to take a different transactional decision about a product

There are a range of factors that are considered when deciding whether a trader's commercial practice has used harassment, coercion or undue influence:

the nature of the practice
the timing and location of the practice
use of threatening or abusive language / behaviour
exploiting any of your vulnerabilities in a way that impairs your judgement and affects your decision making
threatening any action that cannot legally be taken
whether the practice requires you to take onerous or disproportionate action to exercise your rights in relation to a product

An example of an aggressive commercial practice would be a visit from a salesperson to your home that lasted an unreasonable length of time (perhaps hours), which made you feel vulnerable and under pressure. The salesperson may tell you that they will not leave your home until you sign a contract; they may deliberately set out to confuse you over the contract price; they might even lose their temper. All of these tactics are designed to pressure you into going ahead with the deal.

COMMERCIAL PRACTICES THAT ARE BANNED OUTRIGHT

The DMCCA includes a list of commercial practices that are considered so unfair that they are banned in all circumstances (the commercial practice does not have to affect your decision regarding the product).

Schedule 20 to the DMCCA sets out the banned practices in more detail. They are summarised below:

Code of conduct and authorisation:

falsely claiming to be signed up to a code of conduct
displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation
falsely claiming that a code of conduct has approval from a public or private body - for example, a trader falsely claiming their code is 'Trading Standards approved'
claiming that a trader, a trader's commercial practice or a product has been approved, endorsed or authorised by a public or private body when they have not (for example, a trader falsely claims they are members of, and certified by, a trade association), or that the terms of the approval, endorsement or authorisation have not, or are not, being complied with

Product availability and advertising:

making an invitation to purchase products at a specified price, where the trader does not believe they will be able to supply them (or their equivalent) at that price in reasonable quantities for a reasonable period of time, and fails to disclose this. This is known as bait advertising. For example, a trader advertises expensive wine at a very cheap price, but only intends to make a few bottles available to entice you into the store
making an invitation to purchase products at a specified price and then refusing to show the product to you, refusing to take an order for it, deliver it within a reasonable time or demonstrating a faulty sample because the intention is to promote a different product. This is know as bait and switch. For example, a trader offers a skincare product for sale at a certain price, without any intention of supplying it, because their real intention is to switch the sale to another more expensive product
stating that there is a time limit on the availability of a product, or that it will only be available on particular terms for a limited time, to get you to make a quick decision - for example, the 'special promotional price' ends in 12 hours
using editorial content in the media to promote a product where the promotion has been paid for by a trader without making it clear - for example, dressing up an advertisement as a magazine article without clearly stating that it is a promotion on behalf of a trader
using a statement in an advertisement designed to persuade children to buy or to get children to persuade their parents or other adults to buy

Pyramid schemes and prize draws:

establishing, operating or promoting a pyramid scheme. These are schemes that claim to reward you for recruiting others into the scheme. Once recruited, you are then encouraged to recruit others and so the chain goes on. Invariably, the one who makes the money is the fraudster at the top of the chain whilst those further down lose their money
claiming to offer a competition or prize promotion without awarding the prize
creating a false impression that you have won or will win a prize if you carry out a certain act, when there is no prize available or you must pay money or incur a cost in order to claim it

Inertia selling:

demanding payment for the return of, or the safe storage of, products that you did not ask for - for example, sending you a pen and stationery in the post without you having ordered them and then asking for payment

Misleading claims about the law / identity:

claiming or creating the impression that a product can legally be sold when it cannot - for example, a trader may claim they own the product and can sell it on, when this is not true
presenting your legal rights as a feature of a trader's offer - for example, a trader claiming in a store promotion that they are the only business in town which offers a refund on faulty goods
a trader falsely claiming they are not acting in relation to their business or representing themselves as a consumer to avoid their legal obligations to you - for example, advertising a car for sale 'privately' when the seller is actually a motor trader

High pressure selling / claims:

making a false claim about risks to personal security or safety to you, a member of your family or anyone living in your home if you do not purchase the product - for example, claiming you are vulnerable to being burgled if you do not buy an expensive security system
creating an impression that you cannot leave the premises until a contract is agreed
during a personal visit to your home, ignoring your request to leave and not return (except where justified to enforce a contractual obligation)
persistent and unwanted contact - for example, by phone or email (except where justified to enforce a contractual obligation)
unreasonable demands for you to produce irrelevant documents in relation to a claim you may wish to make on an insurance policy and failing to respond to you with the intention of putting you off claiming your rights
informing you that the trader's job or livelihood is under threat if you do not buy a product

After-sales:

providing an after-sales service in a different language to the one used in pre-contract communications without disclosing it to you
falsely claiming or giving a false impression that an after-sales service is available, including falsely claiming it is available in, or accessible from, a particular country or location

Misleading claims:

claiming that a trader is about to cease trading or move premises when they are not
claiming that a product can help you win a game of chance, such as buying a product to win a prize
falsely claiming that the product can cure health ailments or modify your appearance
passing on incorrect information on market conditions to persuade you to purchase a product on less than favourable terms
describing a product as 'free' when you have to pay anything other than the unavoidable cost of responding to the commercial practice and collecting / paying for delivery of the product
including in marketing material an invoice or similar document to give you the impression that a product has been ordered and payment is required when this is not the case

Fake reviews:

submitting or commissioning another person to submit or write a fake consumer review or a review that hides the fact it has been incentivised
publishing consumer reviews in a way that is misleading
publishing consumer reviews without taking reasonable steps to prevent the publication of fake reviews, those that have been incentivised, false or misleading consumer review information. Failing to remove such reviews or information from publication
offering 'fake review' services

WHAT HAPPENS IF A TRADER ENGAGES IN AN UNFAIR COMMERCIAL PRACTICE?

A trader may have committed a criminal offence if they engage in an unfair commercial practice.

If you have a complaint, you can report it to the Citizens Advice consumer service / Advice Direct Scotland for referral to Trading Standards (contact details can be found at the end of this guide).

DO I HAVE ANY RIGHTS?

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) include provisions that give you rights of redress if a trader has engaged in an unfair commercial practice involving a misleading action or an aggressive practice: the right to unwind the contract, the right to a discount and the right to damages. See 'Misleading and aggressive practices: rights of redress' for more information.

Please note that the CPRs' provisions on rights of redress will be replaced by similar ones in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). However, the DMCCA's rights of redress provisions are not yet in force.

These rights are in addition to the rights and remedies you have under the Consumer Rights Act 2015 when you make a contract with a trader for the supply of goods, services and digital content.

The guides 'Sale and supply of goods: your consumer rights', 'Supply of digital content: your consumer rights' and 'Supply of services: your consumer rights' give more information on your rights and remedies.

The guides 'Sale and supply of goods: what to do if things go wrong', 'Supply of digital content: what to do if things go wrong' and 'Supply of services: what to do if thing go wrong' give you a clear direction to follow when you want to complain.

FURTHER INFORMATION

See the 'Environmental claims' guide for information on the laws that regulate environmental or 'green' claims about goods and services.

IN THIS UPDATE

Changes made to reflect the coming into force of the Digital Markets, Competition and Consumers Act 2024 (Part 4, Chapter 1: 'Protection from unfair trading').

Last reviewed / updated: October 2025

Key legislation

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.

For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.