Addressing aggressive commercial practices: Some critical aspects of its regime in the Unfair Commercial Practices Directive

Abstract

Aggressive commercial practices are a type of conditioning factor imposed by businesses on consumers to modify their freedom of choice. Today, no-one is in any doubt about the financial and social impact aggressive commercial practices can have on consumer wellbeing. In fact, this type of unfair practices has caused, and continues to cause, significant damage to the interests of consumers, as evidenced by the financial crisis which has recently beset Europe. Aware of this problem, European institutions have made consumer protection from unfair commercial practices a priority in their legislative policies. Some of these initiatives have already been in place long enough to allow their results to be analysed (for instance, Unfair Commercial Practices Directive). Others, on the other hand, are still at an early stage (for instance, the New Deal of Consumers legislative proposals), but nevertheless invite reflection. In the light of current trends which argue in favour of greater protection for consumers than has been the case to date, this study will review the European regime of aggressive commercial practices, and analyze the most relevant decisions, especially focused on the financial sector.