Unfair Terms in Consumer Contracts – Law Commission

Posted July 25th, 2012 in press releases, unfair contract terms by tracey

“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.”

Full press release

Law Commission, 25th July 2012

Source: http://lawcommission.justice.gov.uk

 

Groupon guilty of ‘widespread’ breaches of consumer protection laws – The Guardian

Posted March 16th, 2012 in advertising, consumer protection, news, unfair contract terms by tracey

“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.”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

FSA issues guidance on how businesses can avoid using unfair contract terms – OUT-LAW.com

Posted February 1st, 2012 in financial regulation, news, unfair contract terms by sally

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.

Full story

OUT-LAW.com, 1st February 2012

Source: www.out-law.com

Gyms face crackdown on long-term contracts – The Guardian

Posted January 26th, 2012 in consumer protection, news, unfair contract terms by sally

“Ruling expected after the Office of Fair Trading warns fitness centres for a second time within a year over unfair agreements.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

High Court bans gym firms’ use of unfair contracts and practices – OUT-LAW.com

Posted August 23rd, 2011 in consumer protection, news, unfair contract terms by sally

“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).”

Full story

OUT-LAW.com, 22nd August 2011

Source: www.out-law.com

Gym contracts ‘unfair’ court rules – The Guardian

Posted May 31st, 2011 in consumer protection, news, unfair contract terms by sally

“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.”

Full story

The Guardian, 27th May 2011

Source: www.guardian.co.uk

Rollover contracts with leaving penalties to be banned, says Ofcom – OUT-Law.com

Posted March 11th, 2011 in consumer protection, news, telecommunications, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 10th March 2011

Source: www.out-law.com

Software company’s liability clause was not ‘reasonable’, says High Court – OUT-LAW.com

Posted May 12th, 2010 in contracts, exclusion clauses, news, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 11th May 2010

Source: www.out-law.com

Three year consumer lock-in is illegal, says OFT – OUT-LAW.com

Posted March 16th, 2010 in consumer protection, news, unfair contract terms by sally

“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).”

Full story

OUT-LAW.com, 15th March 2010

Source: www.out-law.com

Apple will rewrite T&Cs after OFT objections – OUT-LAW.com

Posted December 1st, 2009 in consumer protection, news, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 30th November 2009

Soruce: www.out-law.com

Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted November 26th, 2009 in banking, EC law, law reports, unfair contract terms by sally

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 – Times Law Reports

Posted July 29th, 2009 in estate agents, news, unfair contract terms by sally

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

Foxtons’ contracts were unfair because key terms were hidden, rules High Court – OUT-LAW.com

Posted July 14th, 2009 in estate agents, news, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

Courts must assess unfair terms in consumer contracts, says ECJ – OUT-LAW.com

Posted June 5th, 2009 in consumer protection, news, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 4th June 2009

Source: www.out-law.com

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd – Times Law Reports

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 – Times Law Reports

Posted April 14th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

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 – WLR Daily

Posted April 7th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

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.

Unfair terms law can protect consumers for existing and future contracts, says Court of Appeal – OUT-LAW.com

Posted April 7th, 2009 in consumer protection, news, unfair contract terms by sally

“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.”

Full story

OUT-LAW.com, 6th April 2009

Source: www.out-law.com

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Posted March 3rd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and Others

Court of Appeal

“The Office of Fair Trading was entitled to assess the fairness of charges levied on customers by banks because the terms in standard form contracts between banks and their customers concerning specific charges when customers were overdrawn were not part of the core bargain between the customer and the bank.”

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted March 2nd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 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.