Misleading omissions under the Consumer Protection from Unfair Trading Regulations 2008
Misleading omissions under the Consumer Protection from Unfair Trading Regulations 2008

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Misleading omissions under the Consumer Protection from Unfair Trading Regulations 2008
  • The offence of misleading omissions
  • Elements of the misleading omission offence
  • Hiding
  • Unclear, unintelligible, ambiguous or untimely
  • Material information
  • Informed decision
  • The concept of need
  • European Community obligations
  • Invitation to purchase
  • more

The offence of misleading omissions

Engaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, reg 6 and 10.

CPUTR 2008, SI 2008/1277, reg 10 provides that a trader is guilty of an offence if they engage in a commercial practice which is a misleading omission under SI 2008/1277, reg 6. That is it:

  1. omits material information

  2. hides material information

  3. provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or

  4. fails to identify its commercial intent, unless this is already apparent from the context

and it causes or is likely to cause the average consumer to take a transactional decision they would not have taken otherwise.

To commit an offence at least one of the above situations must be present and, in addition, the transactional decision test must be satisfied. Therefore, even if material information is absent, hidden etc if the average consumer would not make a different transactional decision, there would be no breach of the regulations.

When assessing whether a misleading omission has been made, the following matters must be taken into account:

  1. all the features and circumstances of the commercial practice

  2. the limitations of the medium used to communicate the commercial practice (including limitations of space and