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Sample letter – Unfair commercial practices

Help and advice for consumers in Europe

The Directive 2005/29/EC forbids companies to use unfair commercial practices.
Unfair commercial practices can be misleading and aggressive (such as forced sale).
The Directive envisages a range of banned practices throughout EU, as well as a few general principles necessary to verify whether a practice infringes the trader’s obligations to act in full obedience of its professional diligence, whether it is likely to materially distort the economic behavior of the average consumer, by distinguishing between misleading and aggressive practices.
A commercial practice shall be regarded as misleading (misleading actions) if it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer even if the information is factually correct.
A commercial practice shall be regarded as misleading (misleading omission) if it omits material information that the average consumer needs to take an informed transactional decision.
A commercial practice shall be regarded as aggressive if, by harassment, coercion, including the use of physical force, or undue influence, it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice or conduct with regard to the product.

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