ML’s representative has to disclose all relevant information accordingto Regulation 6, whether or not the consumer asks for it in order for Janice tomake an informed decision. Supplyinginformation too late could constitute an omission therefore; the informationmust be given at a timely manner.
A breach of the Consumer Protection from Unfair Trading Regulations2008 is a criminal offence. The maximum penalty is a fine and two years’imprisonment.ML can use the defence of due diligence under regulation 17. Thisdefence is in the same form as appeared in the TDA S24 and provides a defencefor any of the offences in reg.s 9-12 if:The offence was due to:· mistake· Reliance on information supplied · Act/ default of another· Accident · Cause beyond the defendant’s controlML needs to show that they tookall reasonable precautions and exercised all due diligence to avoid commissionof the offenceAdditionally ML might be able torely on Regulation 16 defence under Offences due to the act or default ofanother similar to the provision in s23 TDA. This defence can be used if theoffence by the trader is due to the default of another.
This means even membersof the general public can have this regulation enforced on them. ML relied oninformation provided to them by wholesalers from whom they acquired the panelsas well as their marketing assistant to update their information thus theycomply with the defence of reliance on information supplied. In the 2012 reform, the law commission recommended that consumersshould have a new legal right of redress against tradersthat carry out misleading or aggressive practices. Consumers would be entitledto a refund, or a discount on the price; and damages may be available if theunfair practice caused additional loss.
Therefore, the possible remedies willbe available for Janice; · When a service has not been performed in-linewith information provided concerning the service under section 50, they canseek for the service to be performed again in accordance with regulation insection 54 and 55. If this is not a possible option or is not performed withina reasonable time or with significant convenience then they may have a right toprice reduction under section 54 and 56.· If a service has not been performed in-line withinformation provided concerning the trader (section 50) then the claimant has aright to a price reduction (sections 54 and 56) · For services which have not been performed withreasonable care and skill under section 49, the claimant has a right to ask fora repeat performance under 54 and 55. If not possible or is not performed withina reasonable time or with significant convenience then a right to a reductionis granted (s 54 and 56)