ChatterBank1 min ago
complaining about a misleading advert
How do I make a complaint about a mis leading advert? I saw a sign in front of a restaurant yesterday Carvery £4-99 Monday- friday, £8-99 Sunday. As it was Monday I went in and ordered 2 meals. When I was presented with the bill it was for £8-99. After a long discussion and even showing the manager his 2 signs which made no mention of Bank Holidays he would not reduce the price. Can I complain to the office of fair trading or trading standards and recover the extra I paid?
Or would you say I was being unreasonable?
Any info or opinions would be welcome
Or would you say I was being unreasonable?
Any info or opinions would be welcome
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.I can see that sometimes it is the customer's fault if he is caught out by not reading the small print. But in this case, the small print of the menu conflicts with the prominent sign. If the customer sees a large sign "cheap meals Monday to Friday" does the law really require him to check that the offer is genuine before ordering?
Making a complaint to ensure that a business does not unintentionally (or otherwise) mislead a prospective costumer is of benefit to all future customers.
The sign, which omits the exclusion of Bank Holidays etc. in the offer, is misleading. Further information within the premises which highlights the omitted exclusion (whether small print or 6 foot high lettering) does not nullify the misleading information and as such the business is in breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
The OFT, together with Local Authority Trading Standards Services (TSS) and the Department of Enterprise, Trade and Investment in Northern Ireland (DETINI), have the legal duty to enforce the CPRs. This does not automatically mean that formal enforcement action will be taken in respect of each and every infringement. Instead, the duty obliges enforcers to take steps to promote compliance by the most appropriate means, in line with their enforcement priorities and consistent with available resources. In many instances businesses are encouraged to comply with the regulations through the provision of advice and guidance, however civil and criminal enforcement of the Regulations will be undertaken where necessary.
The sign, which omits the exclusion of Bank Holidays etc. in the offer, is misleading. Further information within the premises which highlights the omitted exclusion (whether small print or 6 foot high lettering) does not nullify the misleading information and as such the business is in breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
The OFT, together with Local Authority Trading Standards Services (TSS) and the Department of Enterprise, Trade and Investment in Northern Ireland (DETINI), have the legal duty to enforce the CPRs. This does not automatically mean that formal enforcement action will be taken in respect of each and every infringement. Instead, the duty obliges enforcers to take steps to promote compliance by the most appropriate means, in line with their enforcement priorities and consistent with available resources. In many instances businesses are encouraged to comply with the regulations through the provision of advice and guidance, however civil and criminal enforcement of the Regulations will be undertaken where necessary.
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