Dealers must be aware of new consumer protection

Car dealers must make sure that they abide by new consumer protection rules that came into force this week, according to the RMI National Franchised Dealers Association (NFDA).

The Unfair Commercial Practices Directive (UCPD) provides better protection for the consumer. The Directive harmonises unfair trading laws across all EU Member States, and introduces a general prohibition on traders not to treat consumers unfairly. This prohibition is intended to act as safety-net consumer protection legislation.

Under the Directive businesses must not mislead consumers through acts or omissions, or use pressure-selling techniques.

Unfair commercial practices as defined by the Directive include:

• Conduct below a level which may be expected towards consumers

• Misleading practices, false or deceptive messages, and the omission of important information

• Aggressive sales techniques that use harassment, coercion or undue influence

NFDA Director Sue Robinson commented: "Previous rules on consumer protection did not provide a full safeguard for customers, as there were some remaining grey areas which could have been exploited by unscrupulous traders.

"The implementation of the Directive enables car dealers to focus their internal consumer relations monitoring, but the new rules will also mean more administration for dealers to deal with, and could add more work to the existing heavy load borne by Trading Standards officers. There are also some questions on where the burden of proof will lie in disputes.’

"NFDA member businesses who would like more information on the Directive and its impact are urged to contact the NFDA."

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