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 practice 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...

Misleading omissions under the Consumer Protection from Unfair Trading Regulations 2008

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

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

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