Prohibition Of Unfair Commercial Practices Act

Original Language Title: Negodīgas komercprakses aizlieguma likums

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The Saeima has adopted and promulgated by the President of such a law: the prohibition of unfair commercial practices Act Chapter I. General provisions article 1. The terms used in the law (1) of the Act is used in the following terms: 1) commercial implementer-producer, service provider or the seller that his business or professional activity in the framework of implementing the commercial practices, as well as any other person acting on the manufacturer, service provider, or in the name of or on behalf of the seller;
2-operation of the commercial practice) (behavior, representation, commercial communication, marketing) or inaction (the default), directly linked to the promotion of trade, goods (tangible or intangible) for the sale or delivery of the service consumer.
(2) in this law, Other terms and concepts used in the consumer protection law. 2. article. The purpose of the law the purpose of the law is to ensure consumer protection and economic interests by restricting commercial practice implementers to use unfair commercial practices against consumers. 3. article. The scope of the law (1) this law defines unfair commercial practices, as well as regulates the competence of the supervisory authorities.
(2) the provisions of this law shall be without prejudice to the derogation provided for in the scope of the European Parliament and of the Council of 11 May 2005 of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and European Parliament and Council Directive 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council Regulation 2006/2004/EC 3. article. 4. article. Ban unfair commercial practices and unfair commercial practices (1) unfair commercial practices are prohibited.
(2) a commercial practice is unfair if there was at least one of the following conditions: 1) it does not comply with the professional care and adversely affect or may adversely affect the average consumer or the average consumer groups economic action that this commercial practice which it addressed or prejudice;
2) it is misleading;
3) it is aggressive. 5. article. Code of good practice (1) in order to promote consumer rights and protection of the economic interests and compliance with the provisions of this law, economic or professional performers or their professional associations may be created to develop a code of good practice.
(2) the code of good practice is voluntary economic or professional activities and by whom an agreement or set of rules that is not regulated in legislation and regulations implementing the unfair commercial practices, which are committed to the code of good practice to discharge obligations in one or more commercial ways, as well as in one or more of the economic or professional activities.
(3) the code of good practice may include unfair commercial practice guidelines and criteria of professional diligence appropriate to the economic or professional activity in the field of generics for fair market practices and the principle of good faith. Chapter II. Professional diligence appropriate to commercial practices and consumer's economic behaviour of negative influence of article 6. Professional care for inappropriate commercial practices a commercial practice shall be regarded as not relevant to the professional diligence, if it is not made with a level of skill and care, which the consumer can reasonably expect, and which correspond to the respective economic or professional activity in the field of generics for fair market practices and the principle of good faith. 7. article. The consumer's economic behaviour of negative influence (1) Of the consumer's economic behaviour adversely affecting deemed unfair, which significantly limits the consumer's ability to make an informed decision and the result of which the consumer can take a decision on the conclusion of a treaty would not have taken otherwise.
(2) for a consumer's decision to contract in any case considered a consumer's decision to buy a product: 1) or receive a service, or to refrain from doing so;
2) ways and what terms to purchase the product or to receive the service;
3) pay the price of the goods or services in part or in whole;
4) keep the product, or use accept to exercise their statutory rights as a consumer. 8. article. Consumer groups economic action negative influence (1) If a commercial practice may adversely affect only certain identifiable groups of consumers economic action by implementing could reasonable commercial practice to provide, taking into account the fact that these customers are your mental or physical condition, age or unwarranted trust (lack of experience or knowledge), it is particularly vulnerable to the practice, product or service, then such business-valued from the consumer perspective of the average member of that group.
(2) the first part of this article does not affect the practices specified in the implementing the right advertising to use exaggerated and the expressions that are not visible to literally. Chapter III. Misleading commercial practices article 9. Misleading actions (1) a commercial practice shall be regarded as misleading if, having regard to all the circumstances, the consumer they affect or may adopt such a decision on the conclusion of the contract, he would not have taken otherwise. A commercial practice shall be regarded as misleading in the following cases: 1) they are given false information or the information in any way, including overall presentation, deceives or liable to mislead the average consumer, even if the actual is correct;
2) unfair commercial practices implementer use the goods or services of the trade promotion activities, including comparative advertising, which creates confusion about the goods or services of the trade mark, trade name, manufacturer or service provider name (company) or other distinctive sign;
3) commercial practices do not comply with the implementing code of practice obligations, although it is committed to comply and stated that the code of good practice is binding on him.
(2) in assessing the relevance of the information, taking into account: 1) the existence of a product or service and main characteristics as well, such as the availability of goods or services; the benefits of a product or service; with a product or service-related risks; goods or service activity, contents, accessories, after-sales service and complaint handling procedures; production and delivery method and date; delivery conditions; the purpose of the goods or services, usage, quantity, specification, geographical or commercial origin; the expected use of the goods or services; the test of a good or service or the results of the inspection;
2) commercial practice by implementing the commitments, objectives and commercial practice concerned a product or service characteristics of the sales process, any statement or symbol in relation to direct or indirect commercial practices, implementing product or service sponsorship or approval;
3) price or price calculation or discount;
4) maintenance, replacement or repair;
5) commercial practice implementing identity and good qualities, qualifications, status, reputation, belonging to a society, intellectual property rights or awards;
6) the consumer's rights, including the right of action in respect of the provisions of the Treaty or not according to the safety requirements for the product or service. 10. article. Misleading omissions (1) a commercial practice shall be regarded as misleading if, taking account of all its features and circumstances, as well as the means of communication used, it can be concluded that: 1) is the default material information that the average consumer needs to make an informed decision, and commercial practices affect the average consumer accepts or can adopt a decision on the conclusion of a treaty would not have taken otherwise;
2) commercial implementer relevant information hiding or unclear, unintelligible, ambiguous or untimely, or do not indicate the commercial purpose of the commercial practice if not already apparent from the context, and as a result the average consumer accepts or may adopt such a decision on the conclusion of a treaty would not have taken otherwise.
(2) If a commercial practice is a communication tool used by space or time-limited, then assessing whether information has been omitted to take account of commercial practice of implementing the measures taken to inform consumers by other means.
(3) if the implementer used commercial commercial practice communication in a manner appropriate to offer the consumer to purchase the product or to receive services and specifies the characteristics of a product or service and the price of material is considered the following: 1) a product or service, in so far as they are the main characteristics of the particular product or service may specify having regard to the means of communication used;
2) commercial practice and implementing identity and, if commercial implementer in its other tasks, implementing-then the other commercial practices implementing the address and identity;
3) price (including taxes) or (if the product or service characteristics, it is not possible to calculate the prices above) they are calculated, as well as any additional (transport, delivery or postal) expenses, if any, or (if these expenses corresponding payments cannot be calculated above) indicate that commercial practices may charge additional implementing payments;

4) payment, delivery, performance and the complaint handling policy, if it is different from the order that establishes the criteria of professional diligence;
5) the right of withdrawal.
(4) The relevant information shall be deemed to include the requirements prescribed for the provision of information to other consumer protection or the sale of goods and supply of services in the laws governing, in particular, information on distance contracts, distance contracts in financial services, the agreement on separation of buildings or for buildings part of the acquisition of the right of use for a time, the agreement on consumer credit, on package tour services for the price of goods and services indications for medicinal products, on information society services, the private pension funds and the insurance contract. 11. article. Misleading commercial practices a commercial practice in all circumstances in all circumstances is misleading, if commercial implementer: 1) pretends to be signatories to the code of good practice, but it's not true;
2) uses a trust mark, quality mark or equivalent without the required permission;
3) gives adequate information for fact that the code of good practice has been approved by the national regulatory authority or private entity;
4) provide true information about inappropriate that, in relation to his activities in a particular area or for a product or a service is made in the conformity assessment procedures; that this activity, product, or service is endorsed or authorised by a national regulatory authority or private entity, or by providing the following information, does not meet the conditions to carry out conformity assessment, given that particular suggestion or a use permit;
5) calls for the purchase of goods or services for a set price, aware that fail these or equivalent goods or services to offer, deliver, or to purchase from the supplier for the same price, within a reasonable time and reasonable quantities, having regard to the goods or services, the amount of advertising and the price offered. This condition does not apply to cases where the commercial promoter informed that the item or service is only available for a limited period of time and in limited quantities;
6) calls on to buy goods or obtain services for a set price, but refuses to show consumers the proposed goods or refuses to accept the order, or to satisfy the reasonable period of time, or to demonstrate the goods or things with faults, to promote other goods or services;
7) falsely claim that a product or service will only be available for a very limited time, or will be available on particular terms for a very limited time, thereby encouraging consumers to immediately make a decision on the conclusion of the contract and not giving him adequate time or opportunity to make an informed decision;
8) undertakes to provide after-sales service to consumers with whom the transaction has contacted other than the national language, and then the services offered only in another language, although the consumer prior to the conclusion of the contract is not clearly told about it;
9) stating or otherwise creating the impression that a product can legally be sold or provide a service, but it's not true;
10) the consumer's legal rights is interpreted as a special commercial practices implementing the offer;
11) via the media, provide information for the purpose of promoting the sale of goods or the provision of the service without providing consumers with a clear picture or sound help that providing this information is paid;
12) falsely claim that the consumer or his family's personal safety is at risk, or provide false information about the degree of risk if the consumer does not purchase the product concerned do not use the service;
13) in order to sell a product or service that is similar to any other vendor or service provider to the item or service, consciously implement trade promotion activities so as to create a misleading impression to the consumer that is made the goods or providing the services;
14) create or support trade promotion pyramid scheme, under which consumers pay for the opportunity to receive rewards for other consumers primarily into the scheme, rather than for the chance to take advantage of the sale of goods or the use or provision of services;
15) provides for the appropriate information in the fact that going to stop trading or to relocate to other premises;
16) claims that a product or service can help win games, draw or lottery;
17) provide relevant information to the fact that a product or service can help cure disease, prevent physical dysfunction or defects;
18) provides false information on the market situation or options to purchase the product or to receive service, thereby encouraging consumers to purchase the goods or services with the receive rules which are less favourable than those in force in the normal market situation;
19) offers a contest and argue that awarded a prize, but do not issue nor the promised prizes, nor an acceptable equivalent;
20) describes the product or service with the words, "free", "free", "without charge" or similar, but the consumer has to pay more over those costs, arising in response to the offer and receiving goods or services delivered;
21) advertising material included in the invoice or similar document for payment, thereby creating a false impression to the consumer that he has ordered the advertised product or service;
22) gives false information or creates the false impression that the handles of the same trade or economic interest, position or professional responsibilities unrelated purpose, or even ask for the consumer;
23) creates the false impression that the goods or services of aftermarket service is only available in another European economic area Member State than that where the goods sold or services provided. Chapter IV. Aggressive commercial practices article 12. Aggressive and assertive action, coercion and undue influence (1) a commercial practice shall be regarded as aggressive if, taking account of all its features and all the circumstances, it can be concluded that it actually includes persistent actions, coercion, including physical force, or undue influence, negative affect or may adversely affect the average consumer's freedom of choice or conduct with regard to the product or service and as a result the consumer accepts or may adopt such a decision on the conclusion of the contract that would not have taken otherwise.
(2) the impact of disproportionate consider coercive measures against a consumer and the consumer's exposure to pressure even in cases where physical force is not used and is not threatening to use it, however, are significantly limited the ability of the consumer to make an informed decision.
(3) in order to determine whether a commercial practice uses persistent actions, coercion or undue influence, account shall be taken of: 1) event time, location, nature or duration;
2) whether or not tolerated or threatening foreigners with words or action;
3) whether commercial implementer in order to influence the consumer's decision on conclusion of the contract does not knowingly use any particular disaster or serious circumstances that undermine consumer awareness;
4) any onerous or disproportionate non-contractual barriers, unfair commercial practices by implementer makes the consumer where a consumer wishes to exercise rights, including to terminate the contract or to switch to another product or service or any other vendor or service provider;
5) any threat to carry out illegal activities. 13. article. Aggressive commercial practices a commercial practice in all circumstances in all circumstances be regarded as aggressive if commercial implementer: 1) gives the impression that the consumer cannot leave the premises until a contract is concluded;
2) arrive at the consumer's home ignoring his request not to come, except commercial implementer arrives, to comply with their contractual obligations in accordance with the regulations;
3) comes up with a persistent and unwanted solicitations to the consumer, which is given by telephone, fax, e-mail or other means of communication, except when commercial implementer do, to comply with their contractual obligations in accordance with the laws and regulations, and comply with other laws and certain use of means of distance communication restrictions;
4) requires that the consumer who wants to apply for insurance compensation under the insurance contract concluded, shall submit the documents which are not reasonable to say that justified such a claim, or failing systematically to respond to discourage consumers from contractual rights;
5) contain advertising of the invitation addressed to the child to buy goods or obtain services, or to persuade their parents or other adults to buy goods or obtain services;

6) require immediate or deferred payment for goods delivered or services provided, the consumer is not ordered, or request such goods or things to give away or keep, except that the equivalent goods is delivered or the service is provided in accordance with the legislation on distance contracts;
7) inform the consumer that acquiring a product or using the service, not jeopardize commercial implementer or livelihood;
8) creates the false impression that the consumer has already won, will win, or by specific action will get a prize or other equivalent benefit, when in fact no prize or other benefit is not provided, or the consumer is given the opportunity to qualify for the prize or other equivalent benefit, after the payment of money or personal expenses. Chapter v. Article 14 monitoring. Supervisory authorities (1) compliance with this law, within its competence, monitor the consumer rights protection centre, medicines-health inspection in the field of veterinary medicinal products-food and veterinary service (hereinafter supervisory authority).
(2) the supervision authority has the right to require the national regulatory authorities responsible for the control and supervision of the State in relation to certain goods or services, check the specific goods or services used in the compliance business information or carry out other acts necessary for the evaluation of commercial practice. 15. article. Supervisory authorities (1) the supervisory authority on the application of the person, other authorities information provided or on its own initiative, shall assess the compliance of commercial practices consumer protection regulatory and other laws, as well as the requirements of this law.
(2) the Supervision Authority, assessing compliance with this law, commercial practice, are entitled to request and receive from the commercial practice of implementing all the merits of establishing the necessary information, documents and other evidence about the veracity of the information used in commercial practice, complying with the requirements of this law, as well as document and the submission of evidence.
(3) If the implementation does not provide commercial practice in accordance with the second paragraph of this article, the requested information or to give it, the supervisory authority is entitled to consider that a commercial practice, the information used is inaccurate or false.
(4) the Supervision Authority, assessing the nature and essence of commercial practice, as well as other aspects, is entitled to propose to commercial implementer: 1) deadline to ensure compliance with the laws and practices;
2) undertakes in writing to a specific period of time to prevent the breach found.
(5) in the fourth paragraph of this article, this right does not prevent supervisory authority to take eighth in this article with these decisions.
(6) If, in accordance with the fourth paragraph of this article (1) of the commercial practice in compliance with the time limit laid down in the laws and requirements are not met, the supervisory authority shall take one or more of the eighth part of this article, in these decisions.
(7) If a commercial practice is implementing this article in accordance with the fourth paragraph of point 2 shall undertake in writing to a specific period of time to prevent the irregularities observed by the supervisory authority does not accept that this article is referred to in the eighth. Signing a written commitment, commercial implementer has declared his guilt in the infringement established. If the commitment is not fulfilled, the supervisory authority is entitled to make one or more of the eighth part of this article, the decisions and practices "at the implementer's law of liability imposed.
(8) where the supervisory authority recognises commercial practices as unfair, it is entitled to make one or more decisions: 1) imposes the obligation for implementing commercial practice under way to provide additional information necessary to ensure compliance with this law, commercial practice;
2 implementing the commercial practice) shall the obligation immediately to end the unfair commercial practices;
3) prohibit unfair commercial practices, if it has not yet begun but is predictable;
4) imposes on commercial practices on implementing the relevant commercial practice to publish the communication in a statement showing the corrected information, reference to unfair commercial practices;
5) apply to the administrative procedure prescribed by law.
(9) in the eighth part of this article, the decisions referred to in the supervisory authority is entitled to take, even if it has no evidence of commercial practice implementing damage done.
(10) the supervisory authority does not evaluate the compliance of business-initiated legislative requirements or evaluation stops when a decision is taken on the trial or if the specific prohibition of unfair commercial practices the violation has already been adopted by one of the following decisions: 1) someone from this article the decision referred to in the eighth;
2) one of the advertising law article 15 referred to in the fourth paragraph of the decision.
(11) in order to reduce the ban unfair commercial practices as a result of failure in dealing with the negative effects of the supervisory authority is entitled to information about this law, article 15 of the fourth part of the commitment referred to in paragraph 2, to insert in your website, but your decision-partially or fully inserted in your website and publish the newspaper "journal" (with the publication of the expenses borne by the commercial promoter). 16. article. Appeals against decisions of the supervisory authority the decision of the supervisory authority may appeal to the Court of law. Appeal shall not suspend the decision action. Article 17. Surveillance authority decision on interim measures (1) where the supervisory authority has reasonable grounds to believe that a violation of the prohibition of unfair commercial practices, and it can cause immediate and serious harm to specific groups of consumers economic interests, it is empowered to adopt this law, article 15 of the eighth part 2 or 3 of this decision as interim measures.
(2) the decision on the temporary injunction is in force from the moment of that notification until that the supervisory authority's decision is cancelled or amended or the entry into force of the final decision of the supervisory authority.
(3) the decision of the supervisory authority for interim measures can be appealed against to the administrative district court within 10 days from the date of its entry into force. Appeals against this decision shall not suspend its activity.
(4) an application for a decision of the supervisory authority for interim relief the court process in writing within 14 days.
(5) the decision of the Court on the fourth paragraph of this article, that decision is not appealable and shall enter into force at the time of its adoption. Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 11 May 2005 of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and European Parliament and Council Directive 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council Regulation 2006/2004/EC. The law shall enter into force on January 1, 2008.
The law adopted by the Parliament in the 2007 November 22. President Valdis Zatlers in Riga g. December 12, 2007

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