The Law Commission is consulting on new laws that would give consumers the right to claim compensation and redress from businesses for misleading and aggressive selling practices. The Consumer Protection from Unfair Trading Regulations became law in 2008 and that prohibits misleading and aggressive selling practices against consumers. However, the sanction is a breach of the criminal law, and the Regulations are enforced by the Office of Fair Trading and Trading Standards. If consumers suffer as a result of misleading or aggressive selling that does not fall within any other area of the law – such as breach of the Unfair Terms in Consumer Contracts Regulations, or duress, undue influence or harassment – the consumer has no remedy under the 2008 Regulations. The Law Commission is concerned that the existing law is either too confusing or too weak.
The Law Commission is looking to enable consumers to cancel and claim a refund if they return or reject goods or services within three months. The Law Commission is looking for responses to the consultation by 12 July 2011, and it can be found here: http://www.justice.gov.uk/lawcommission/docs/cp199_consumer_redress.pdf.