The UK Office of Fair Trading has launched landmark international court action by using its new cross-border powers against Belgian company D Duchesne SA (trading as TV Direct and Just 4 You). The OFT has laid a writ in the commercial court in Brussels to stop D Duchesne sending unsolicited and allegedly misleading mailings to UK residents.
The court action marks the first time the OFT has extended its reach to European jurisdictions using Part 8 of the Enterprise Act 2002. Part 8 enables the OFT to take action against businesses in other European countries that are infringing certain European-based consumer protection legislation.
The OFT alleges that TV Direct and Just 4 You have been sending unsolicited mailings to UK residents offering household goods by direct mail. The OFT believes that the mailings are misleading since they appear to notify UK consumers of a large prize win, typically equivalent to AUD24 000. To receive the prize the consumer is requested to buy from an accompanying catalogue. However, respondents are in fact only entered into a prize draw; they may have not won anything.
These recent actions demonstrate the OFT’s commitment to using its new cross-border powers to protect consumers as it prepares to take over the presidency of the International Consumer Protection and Enforcement Network (ICPEN) from the ACCC on 1 August 2004.
Canada launches international anti-fraud public education campaign
The Competition Bureau Canada has announced it is joining forces with the Royal Canadian Mounted Police (RCMP) and Ontario Provincial Police (OPP) to launch the first international campaign designed to educate the public about fraud.
The campaign, the first of its type, has been developed through the combined efforts of the RCMP, OPP, the private sector and consumer groups. The campaign will be adopted for use in the US and made available to partners in the UK, with the intention of assisting consumers to recognise, report and stop fraud.
The education campaign will involve the use of posters, brochures, bill stuffers and retail counter information cards to alert and educate consumers on fraud and its numerous guises. The US Federal Trade Commission and the UK Office of Fair Trading have commented that they are proud to be working on an ‘… international solution for this international problem’ and that the problem of fraud is ‘… too big for one person or one organisation to address’. Further information and supporting material can be found by visiting www.phonebusters.com.
