Consumers may at times encounter situations where they feel pressured by a seller to buy a particular product or service. Traders who engage into aggressive sales tactics should be aware that consumer legislation considers such practices unfair and outrightly illegal.
Furthermore, consumers who fall victim to aggressive selling techniques may request the cancellation of the sales contract and a full refund of any money paid to the seller.
Consumers have the legal right to make unconstrained purchase choices and any commercial practice that hinders this freedom is legally prohibited. The unfair commercial practices regulations stipulate that a commercial practice is considered aggressive if, by means of harassment, coercion or undue influence, it significantly impairs (or is likely to significantly impair), consumers’ freedom of choice.
Commercial practices that try to take advantage of vulnerable consumers because of mental or physical infirmity, age or credulity, are also considered aggressive and therefore illegal.
Sellers are not allowed to use scare tactics to convince consumers to buy something- Odette Vella
Besides banning aggressive sales practices in general, consumer legislation provides a list of specific sales tactics, which, regardless whether these practices influence consumers’ buying decisions, are still considered aggressive and therefore banned. This list includes situations where a trader enters a consumer’s home and refuses to leave until the consumer accepts to conclude the sale.
Another situation is when the trader creates the impression that the consumer cannot leave the seller’s premises until a sale is concluded, or when a trader takes the consumer to a remote destination with no apparent return transport unless the consumer accepts to buy the product or service offered for sale.
Sales tactics that involve constantly contacting consumers and pestering them into buying a product or service are also considered aggressive.
Sellers are also prohibited from using guilt to force consumers to buy something, by for instance, telling them that their job is at stake if the sale is not concluded. Furthermore, sellers are not allowed to use scare tactics to convince consumers to buy something, such as exaggerating the risk of theft if consumers do not install an alarm system.
Advertisements directly aimed at getting children to buy products or to persuade adults to buy the products advertised, are also prohibited.
Aggressive sales practices are prohibited in any business-to-consumer transaction, irrespective of the type of product or service, or the circumstance of the transaction, whether face-to-face, via telephone, internet or mail.
Consumers should be aware that consumer legislation only protects them economically, so should they fall victim to aggressive sales tactics, consumers may only claim a refund of the money spent. Issues related to health, safety, taste and decency are outside the scope of the legislation.
Aggressive sales practices may be reported to the Office for Consumer Affairs at the MCCAA so that the necessary action may be taken to stop these practices. Unresolved disputes with traders may also be referred to this office for the necessary guidance and assistance.
Odette Vella is director, Information and Research Directorate, MCCAA
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