Overview of the Consumer Protection Act, 2007
7. Definition of an "Average Consumer"
The European Court of Justice interprets the "average consumer" as "reasonably well informed and reasonably observant and circumspect, taking into account social cultural and linguistic factors".
Where a commercial practice is likely to distort the economic behaviour of a clearly identifiable group who are particularly vulnerable because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, the average member of that group would be regarded as the "average consumer".
The Directive is restricted to "business to consumer transactions". This means issues which affect "business to business"' would not come within the scope of the UCPD.
A misleading practice involves providing false misleading and deceptive information. Misleading advertising, misleading information and withholding material information are considered misleading practices. The main characteristics of a misleading action are false or inaccurate information on:
- The existence or nature of the product/service
- The main characteristics, including its availability at a particular time, place, or at a particular price
- Usage and prior history
- The price of the product/service, the manner in which the price was calculated or the existence and nature of a specific price advantage, and the legal right of a consumer (whether contractual or otherwise) or matters relating to when and how or in what circumstances those rights may be exercised.
In assessing what is misleading in the context of price advantage, consideration must be given as to whether a product being advertised as having been previously offered at a different price, that the trader had made it clear that this was done openly and at the same location and for a reasonable period of time.
Previous Back to Contents Next >>