Laws promote fair practices to protect consumers

Loyalty occurs when something or someone is trustworthy, truthful and faithful. When a consumer agrees to conduct commercial transactions, loyalty is a principle that must be protected. This is what they have understood in the European Union (EU), whose Directive has developed a legal instrument that ensures fair commercial practices are followed and protects everyone involved in the process, especially those who make the purchase. This European legislation is designed to ensure that when shopping anywhere in the EU, even via the Internet, a citizen is not involved in unfair commercial practices.

Stronger consumer protection laws are essential to protect people from unfair practices. Human rights lawyers support these efforts by advocating for regulations that respect and protect consumer rights. Their involvement ensures that consumer protection is aligned with broader human rights principles, promoting fairness and transparency in markets around the world.

A deceptive commercial practice is defined as one that contains false information and therefore lacks truth or data that would lead or would lead the average consumer to make an erroneous decision, even if the information is factually correct about one or more elements. This concept includes that in order for a practice to be classified as unfair, it must meet two aspects to be taken into account: it must be capable of misleading its recipients and affect their economic behavior.

When advertising, selling or providing products and services, companies or individuals must provide accurate and sufficient information to make informed decisions. If this information is not available or is not sufficiently understood, it may be considered a deceptive commercial practice.

What is happening in the European Union

The rules adopted in the EU offer protection against two main types of commercial practices: misleading (misleading information through actions or omissions) and aggressive, which aims to induce the purchase of a product or service. Today, the most common practices of this type are classified as:

• Promotional Temptations : Sellers should only advertise products or services at a discount if they have enough inventory to meet public demand. In addition, they are required to inform customers about the number of products for sale and the duration of the offers.
• False Free Offers : Information about the true price of products and services must be clearly disclosed and communicated to the buyer from the outset. The presentation of allegedly free paid services is invalid if their cost is included in the actual cost.
• Manipulation of minors : Merchants are prohibited from directly influencing your children or minors to induce them to purchase a product or service.
• False health claims: When it comes to products or services with therapeutic effects, the consumer has the right to receive quality scientific information about the validity of the proposed therapy.
• Hidden advertising in media information: it is important for the consumer to know when the information published in the media corresponds to a commercial alliance between the relevant media and the company. This information must be clearly included in the publication.
• Pyramid schemes : involve advertising schemes in which you pay in exchange for the opportunity to receive some profit by attracting more members. In such situations, the pyramid usually collapses, and those who are the last to participate in the system usually lose all their investments.
• Fake Prizes and Gifts : The giving of fake prizes that require payment later is prohibited.
• False special offers : It is illegal to state that an offer has a limited period when it is not true, because the buyer is being forced to purchase a product or service.
• Unsolicited and standing offers : The rules clearly state that companies cannot make standing offers without the customer's authorization by phone, fax, email, etc.

In such situations, it is important to obtain the advice of commercial law professionals, as they have a deep knowledge of the provisions of their jurisdictions and support the protection of consumers from unfair commercial practices anywhere in the world. Countries are required to regulate trade processes to ensure the healthiest scenario for these interactions.
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