“At the end of what is always the busiest month of the year for gyms, the OFT is expected to announce that it will outlaw contracts that last longer than 12 months or do not contain a get-out clause for members who, for example, lose their job or sustain an injury. The move follows a year-long investigation into a number of gym chains, believed to include LA Fitness, Fitness First and Bannatyne’s. The OFT is also understood to be looking at debt collectors that some reports say use aggressive practices in chasing money owed to gym groups.”
The Guardian, 12th January 2013
Source: www.guardian.co.uk
“This Issues Paper looks at unfair terms in contracts between businesses and consumers. During 2012, the Department for Business, Innovation and Skills (BIS) is consulting on a package of measures to clarify consumer law, to be introduced by primary and secondary legislation. This provides an opportunity to clarify the law on unfair terms as it affects consumers.”
Law Commission, 25th July 2012
Source: http://lawcommission.justice.gov.uk
“An Office of Fair Trading investigation has found Groupon guilty of ‘widespread’ breaches of consumer protection laws, relating to issues including the pricing, advertising and unfair terms attached to its daily deals.”
The Guardian, 16th March 2012
Source: www.guardian.co.uk
Businesses are using consumer contracts that give them too much leeway to unfairly change the terms of those contracts, the Financial Services Authority (FSA) has said.
OUT-LAW.com, 1st February 2012
Source: www.out-law.com
“Ruling expected after the Office of Fair Trading warns fitness centres for a second time within a year over unfair agreements.”
The Guardian, 25th January 2012
Source: www.guardian.co.uk
“The High Court has banned a company from using contract terms and business practices it has deemed unfair, according to the Office of Fair Trading (OFT).”
OUT-LAW.com, 22nd August 2011
Source: www.out-law.com
“Anyone locked into a gym contract of a year or more should be free to cancel it without cost after a landmark ruling against the operator of membership schemes for 1,000 independent gyms across Britain.”
The Guardian, 27th May 2011
Source: www.guardian.co.uk
“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.”
OUT-LAW.com, 10th March 2011
Source: www.out-law.com
“A software company’s stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.”
OUT-LAW.com, 11th May 2010
Source: www.out-law.com
“Gym membership contracts that lasted for three years and could not be cancelled breached consumer protection laws, according to consumer protection regulator the Office of Fair Trading (OFT).”
OUT-LAW.com, 15th March 2010
Source: www.out-law.com
“Apple will have to rewrite its terms and conditions for the UK after action by consumer protection regulator the Office of Fair Trading (OFT), the Office has said. As well as specific changes it will have to redraft the terms in plain English, the OFT said.”
OUT-LAW.com, 30th November 2009
Soruce: www.out-law.com
Office of Fair Trading v Abbey National plc and others [2009] UKSC 6; [2009] WLR (D) 341
“Charges levied by banks in respect of unauthorised overdrafts were part of a ‘package’ of services and consideration and their fairness was exempt from review under reg 6(2)(b) of the Unfair Terms in Consumer Contracts Regulations 1999.”
WLR Daily, 25th November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Office of Fair Trading vs Foxtons Ltd
Chancery Division
“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”
The Times, 29th July 2009
Source: www.timesonline.co.uk
“The terms and conditions in a letting agency’s contracts with landlords were unfair, the High Court has said. The agency, Foxtons, must now change the way it contracts with landlords.”
OUT-LAW.com, 13th July 2009
Source: www.out-law.com
“Courts in the EU must examine and rule on terms in consumer contracts that may be unfair even if no consumer has complained about them, the European Court of Justice (ECJ) has said. The duty will exist when a company seeks to enforce a consumer contract.”
OUT-LAW.com, 4th June 2009
Source: www.out-law.com
Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd
Court of Appeal
“International supply contracts which excluded liability for misrepresentation and the right to rescind were not subject to the requirement of reasonableness.”
The Times, 15th April 2009
Source: www.timesonline.co.uk
Office of Fair Trading v Foxtons Ltd
Court of Appeal
“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”
The Times, 10th April 2009
Source: www.timesonline.co.uk
Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128
“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”
WLR Daily, 6th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Consumer protection body the Office of Fair Trading (OFT) is allowed to use laws on unfair contracts to take action on existing as well as future contracts, the Court of Appeal has ruled.”
OUT-LAW.com, 6th April 2009
Source: www.out-law.com
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