Why do you need to start a campaign or an epetition if bounty saleswomen are doing half the things on the thread?
This is a link to Guidance on Consumer Fair Trading 2008 pdf
It would seem that Bounty are breaking a few rules here.
Most specifically ones relating to misleading actions, ommisions and aggressive practices.
Apologies for the length of this post, but I think its important to post some of the possible breeches that seem to be pretty regular if this thread is anything to go for, and perhaps the angle that people should be taking to get rid of Bounty from post-natal wards.
Please note, that the key they highlight in bold is average customer
Misleading Actions (regulation 5)
Giving false information to, or deceiving, customers
7.3 A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision.
7.4 For instance,if a trader falsely tells a consumer that his boiler cannot be repaired and he will need a new one, he will have committed a misleading action.
7.5 The CPRs specify three types of misleading actions:
? misleading information generally (see 7.6)
? creating confusion with competitors? products
? failing to honour firm and verifiable commitments made in a code of conduct
7.6 These are actions that mislead by:
? containing false information OR deceiving or being likely to deceive the average consumer (even if the information they contain is factually correct),
and
? the false information, or deception, relates to one or more pieces of information in a (wide-ranging) list (see below),
and
? the average consumer takes, or is likely to take, a different decision as a result.
Misleading Omissions (regulation 6)
Giving insufficient information about the product
7.12 Practices may also mislead by failing to give consumers the information they need to make an informed choice (in relation to a product).This occurs when practices:
? omit or hide material information, or provide it in an unclear, unintelligible, ambiguous or untimely manner,
and
? the average consumer takes, or is likely to take, a different decision as a result.
7.13 A misleading omission can also occur where a trader fails to identify the commercial intent of a practice, if it is not already apparent from the context. The presence of a price, or of a statement making it clear that the practice is commercial (for example: ?this is an advertisement?), are examples of how commercial intent could be made clear.
Prohibition on aggressive practices
8.2 The CPRs prohibit commercial practices which
? by harassment, coercion (including physical force) or
undue influence,
? significantly impair, or are likely to significantly impair, the average consumer?s freedom of choice or conduct concerning the product,
and
? The average consumer takes, or is likely to take, a different decision as a result
These elements are described below.
Harassment, Coercion and Undue Influence
8.3 Harassment and coercion are not expressly defined in the CPRs but include both physical and non-physical, (including psychological) pressure.
8.4 Undue influence is defined in regulation 7(3)(b) of the CPRs as:
?exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer?s ability to make an informed decision?.
An example of this might be a mechanic who has a consumer?s car at his garage and has done more work than agreed, and who refuses to return the car to the consumer until he is paid in full for the work. The mechanic did not check with the consumer before he went ahead with the extra work. As he has the car, he has power over the consumer?s decision to pay for the unauthorised work. He has exploited his position of power, by demanding payment for doing more than was agreed and refusing to return the vehicle until the consumer has paid for all the work.
Significant Impairment or Limitation
8.5 The CPRs refer to practices that ?significantly impair? and those that ?significantly limit? decisions (the latter is in the definition of undue influence).These are likely to have a very similar meaning and both will depend on the context.
8.6 Significant impairment might occur when, for example, a trader stays in a consumer?s home for so long that they feel compelled to sign a contract for a product.
Freedom of Choice or Conduct
8.7 The concept of freedom of choice is not limited solely to decisions about whether to purchase a product or not. It covers a wide range of choices that are likely to impact on transactional decisions.
8.8 For example, coercion might cause consumers to purchase the product at a much higher price or on disadvantageous terms. Breaches of the CPRs could occur even if:
? consumers might still have bought the product from the same trader, but on different terms
? consumers might still have bought the product, but from a different trader.
Factors indicating an aggressive practice
8.9 The CPRs list factors which shall be taken into account when determining whether a commercial practice is aggressive. It is not necessary for all of these factors to be present for a practice to be aggressive and therefore unfair (provided that the commercial practice uses harassment, coercion or undue influence).
8.10 The factors are: (a)Timing, location, nature or persistence, (b) The use of threatening or abusive language or behaviour,
(c)The exploitation by the trader of any specific misfortune, or circumstance, of such gravity as to impair the consumer?s judgement, of which the trader is aware, to influence the consumer?s decision with regard to the product,
(d) Any onerous or disproportionate non-contractual barriers imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or switch to another product or trader,
(e) Any threat to take any action that cannot legally be taken.
Possible aggressive practices
8.11 The examples below assume that the average consumer would or would be likely to take a different decision as a result of the practice(s) described.
Staff working in a funeral parlour put pressure on a recently bereaved relative, who is deciding on a coffin, to buy a more expensive coffin to avoid bringing shame on the family. This could amount to coercion or undue influence. (Exploitation of specific misfortune, and timing)
A trader takes consumers to a holiday club presentation at a distant location, with no apparent return transport unless the consumers sign a contract. This could amount to coercion and/or undue influence. (Nature / location)
A doorstep trader pressures a consumer to pay in cash for home repairs immediately. He insists on giving the consumer a lift to the bank to withdraw the money. This could amount to coercion or undue influence. (Nature, persistence, location)
A debt collector pressurises existing borrowers/debtors to repay a debt, for example, by contacting debtors at unreasonable times (such as late at night) or at unreasonable locations (such as at work when they have been requested not to). This could amount to harassment, coercion or undue influence. (Timing, persistence, nature and location, exploitation of circumstances ? this might amount to exploitation of the imbalance of power between the creditor and debtor, as well as of the specific circumstances of the debtor)
A debt collector threatens consumers with recovery of money by bailiffs for unenforceable debts. This could amount to harassment, coercion or undue influence. (Exploitation of circumstances and threat to take action which cannot legally be taken)