Businesses use different sales techniques to sell products or services in competitive markets. To safeguard consumers from falling victims to dishonest practices, traders’ selling tactics are regulated by section VIII of the consumer affairs act. This legislation specifically prohibits unfair commercial practices targeted at consumers.
A trading practice is considered unfair if it is likely to impair consumers’ ability to make an informed purchase choice or leads them to take a buying decision they would not have made if they were provided with the right information at the right time.
These consumer protection rules apply to all commercial practices that take place before a sale is concluded, such as during the promotion of the product or service, during the sale, when the consumer and the trader are interacting to conclude the sale, and also after the sales transaction has taken place.
Commercial practices that are outrightly considered unfair and hence prohibited are sales tactics that traders use to pressure consumers into buying products or services they may not really want or need. Aggressive commercial practices also limit consumers’ freedom of choice through harassment, coercion, including physical force, or undue influence.
Sales tactics that take advantage of consumers who the trader could foresee as being vulnerable due to mental or physical infirmity, age or credulity are also considered aggressive and therefore illegal.
Some practical examples of aggressive sales practices prohibited by consumer law include the following:
Traders entering consumers’ homes and refusing to leave until the latter agree to conclude a sales contract;
When consumers are given the impression they cannot leave the traders’ premises until they finalise a sale;
Traders taking consumers to a remote destination and offered no apparent return transport unless they agree to buy the product or service offered for sale;
Traders using scare tactics to convince consumers to buy a product;
Manipulation of children through adverts directly aimed at them to buy certain products or to persuade adults to buy the products for them;
Traders or marketing companies making persistent and unwanted solicitations by phone, e-mail or any other form of communication to pressure consumers to purchase products or services;
Traders sending products that consumers did not order and then demanding payment for these products; and
The seller use of guilt to force consumers to buy something by telling them that if they do not conclude the sale, the former would lose their job.
Such aggressive commercial practices are prohibited in any business-to-consumer transaction, where a consumer is a person who buys a product or service for personal use or consumption and a trader is a person acting for purposes related to their trade, business, or profession. Furthermore, these rules apply to any type of product or service purchased, regardless whether the transaction was made face-to-face, via telephone, internet or mail.
In addition, consumer legislation only protects consumers’ economic situation. Hence, when falling victim to an aggressive sales practice, consumers may only claim refund of any money they spent. Issues related to health, taste and decency are outside the scope of the unfair commercial practices regulations.
Consumers may report aggressive sales practices to the Office for Consumer Affairs at the MCCAA so that the necessary action may be taken to stop them. Communication with the authority can either be made by e-mail on info@mccaa.org.mt or by calling 8007 4400.
Odette Vella, director, Information and Research Directorate