Prohibition orders
Prohibition orders from 1 July 2008 to 30 June 2009
Under Section 71 of the Consumer Protection Act 2007, any person including the National Consumer Agency may apply either to the Circuit or High Courts for an order prohibiting a trader or person from committing or engaging in a prohibited commercial act or practice.
Prohibition Order against a furniture retailer
On 5 March 2009, the National Consumer Agency was granted an order by Dublin Circuit Court prohibiting Emerald Fine Furnishings Limited, 2 Convent Road, Dun Laoghaire from committing or engaging in a number of acts or practices in contravention of the Consumer Protection Act 2007 by advertising that:
(a) the business is closing down or moving premises when it is not
(b) it is seeking to “clear the entire contents” of its showrooms when it is not closing down or moving premises
(c) falsely representing that a product is for sale for a limited period or on a limited basis for a particular time
(d) the product is on sale for the “last few days” or on sale at a certain price for the “last few days” when that was not so
(e) providing misleading information to consumers in relation to the price of any product or the existence or nature of a specific price advantage in relation to any product, and
(f) representing to consumers that its products were available for what was described as a “why pay” price when the products were not on sale at that price