Advice to business - Fair trading laws

Information about fair trading laws.

Advice and support for consumers in Solihull is now provided by Consumer Direct.
Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in The West Midlands and by Government.

Consumer Direct works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services

To speak to a Consumer Direct adviser, please call 08454 04 05 06. Opening hours are 8.00 a.m. and 6.30p.m. Monday - Friday or 9.00a.m. to 1p.m. on Saturdays. (Minicom users should call on 08451 28 13 84).

A wide range of consumer information and advice is also available online from the Consumer Direct website at http://www.consumerdirect.gov.uk/

Traders need to be aware of laws which set out how they must deal with their customers. Listed below are examples of some of these rules which are enforced by Trading Standards officers.

The Consumer Protection from Unfair Trading Regulations 2008

The regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers.  Download our Guide to Trading Fairly for more information.

The Companies Act 2006

Traders who do not trade under their own name are required to display in the premises a notice giving their names, their business partners' names or company names and an address for the service of legal documents. This information must also be included on all business letters, orders, invoices and receipts.

A company name must be clearly displayed outside all offices or business premises and on all invoices and receipts.

Consumer Credit Act 1974

If you , as part of your business, lend money, offer or arrange credit or hire out goods you may need a consumer credit licence. You do not need a licence to accept credit cards.

There are also rules which govern all advertisements which include an offer of credit.

Food Safety Act 1990

Special rules cover the composition, labelling and description of food. In addition you must not sell any food which has passed its 'use by' date.

Enterprise Act 2002

Traders who persist in treating consumers unfairly by breaching civil and/or criminal law, can be required to stop treating consumers unfairly. This can be enforced through obtaining an injunction to stop their unfair trading practices.

Accommodation Agencies Act 1953

It is illegal to take money from accommodation seekers simply for providing addresses of available properties.

Estate Agents Act 1979

You are required to give specified information to your customers about your terms of business, your fees and charges, and any services you offer to potential buyers. You are also required to maintain certain standards when dealing with customers and when handling their money.

Unsolicited Goods and Services Acts 1971 (as amended) and The Distance Selling Regulations 2000

It is illegal to demand payment for goods which you know have not been ordered

Sale of Poisons

If you sell goods which contain certain poisons, you must register with your local authority

Sale of Age-Restricted Goods

There are age restrictions controlling the supply of alcohol, cigarettes, fireworks, spray paints, knives, lottery tickets and video cassettes. Make sure you and your staff are aware of the different age limits. There are also rules about displaying signs relating to age restrictions. There are other restrictions on the sale of solvents and some medicines. See "Advice to Business - Under age sales".

Business Advertisements

When you advertise your goods and service you must ensure that the advertisement indicates clearly that a business is involved.

Price Indications

Prices must be clearly displayed on all goods for sale and must not be misleading to consumers.  Special rules apply for the price display of motor fuel, tourist accommodation, food and drink, fruit and vegetables, meat, fish and poultry.

Labelling

Special rules apply to the display and labelling of bread and cakes, eggs, fish, fruit and vegetables, meat and meat products, sweets, pet foods and textiles.

Illegal Signs

You must not display notices, such as No Refunds, which state or imply that a consumer with a genuine complaint cannot claim against you.

Unfair Contract Terms

You can not limit your legal liability to your customers by the use of exclusion clauses or unfair terms in your contracts.

Extra Charge for Non-cash sales

If you charge different prices for different methods of payments, e.g. 1% extra for credit cards, you must make this clear by displaying notices at each entrance and point of sale.

Membership of Trade Associations

Do not use the logo or name of any trade association unless you are currently a member and allowed to display the logo or name.

Codes of Practice

If you are a member of an association which has a code of practice you should comply with the code at all times.

Contact Details

Consumer Advice and Information in Solihull, is now provided by our partners at Consumer Direct. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities (Trading Standards) and Central Government. If you do need support or assistance from Trading Standards, you will of course be referred to them by Consumer Direct.