What is the legal definition - and consequence - of “pressure selling”?

Question

A term used in enough appropriate contexts to suggest that its origin is in some law or other is that of “pressure selling.”

What is the definition of this practice, and is it prohibited? If so, then what is the consequence of it?

Answer 1

Misleading and aggressive sales tactics, colloquially called "pressure selling"¹ are prohibited by the Consumer Protection from Unfair Trading Regulations 2008, specifically Regulation 3:

Prohibition of unfair commercial practices

3.—(1) Unfair commercial practices are prohibited.

(2) Paragraphs (3) and (4) set out the circumstances when a commercial practice is unfair.

(3) A commercial practice is unfair if—

• (a)it contravenes the requirements of professional diligence; and

• (b)it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.

(4) A commercial practice is unfair if—

• (a)it is a misleading action under the provisions of regulation 5;

• (b)it is a misleading omission under the provisions of regulation 6;

• (c)it is aggressive under the provisions of regulation 7; or

• (d)it is listed in Schedule 1.

[Please note: Regulations 5, 6 and 7, and Schedule 1 are quite lengthy so I have not reproduced them here to keep my answer manageable, and trust the links suffice.]

The offences may be found at Part 3, specifically Regulations 8 to 12:

8.—(1) A trader is guilty of an offence if—

• (a)he knowingly or recklessly engages in a commercial practice which contravenes the requirements of professional diligence under regulation 3(3)(a); and

• (b)the practice materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product under regulation 3(3)(b).

(2) For the purposes of paragraph (1)(a) a trader who engages in a commercial practice without regard to whether the practice contravenes the requirements of professional diligence shall be deemed recklessly to engage in the practice, whether or not the trader has reason for believing that the practice might contravene those requirements.

9. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

10. A trader is guilty of an offence if he engages in a commercial practice which is a misleading omission under regulation 6.

11. A trader is guilty of an offence if he engages in a commercial practice which is aggressive under regulation 7.

12. A trader is guilty of an offence if he engages in a commercial practice set out in any of paragraphs 1 to 10, 12 to 27 and 29 to 31 of Schedule 1.

The penalties (i.e. consequences for the pressure seller) for these offences are at Regulation 13:

13. A person guilty of an offence under regulation 8, 9, 10, 11 or 12 shall be liable—

• (a)on summary conviction, to a fine not exceeding the statutory maximum; or

• (b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

---

¹ the phrase pressure selling does not appear in any legislation that I can find, but does feature in various government publications. e.g.in Hansard and this press release. Hence me calling it a colloquialism.

Answer 2

What is the legal definition - and consequence - of “distance selling”?

See Lorraine Conway, "Distance selling: sale of goods, digital content & services online, by phone, off-business premises etc." (House of Commons Research Briefing) (2022):

In the UK, distance selling transactions are covered by normal buying and selling legislation, predominantly the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008 No. 1277). Importantly, consumers are given additional rights by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013 No.3134), known as the “Consumer Contracts Regulations”. The Regulations came into force on 13 June 2014, replacing the “Distance Selling Regulations” (the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334)).

The Consumer Contracts Regulations now use the term distance contract rather than distance selling:

"distance contract" means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.

Those regulations create prerequisites to binding a consumer via a distance contract and requirements of distance contracts carried out by electronic means or telephone. See ss. 13–16.