Undue Pressure & Misleading Statements: What Consumers Need to Know

Consumers may sometimes encounter sales tactics that pressure, bully, or mislead them into buying products or services they do not want. These behaviours, known as undue influence and misleading statements, are considered unfair trade practices under the Consumer Protection Act 1999, even if the seller acted by mistake. Knowing how to recognize these tactics and what steps to take can help protect you from harm.

Examples of Undue Pressure

Undue pressure happens when a seller tries to force or intimidate you into buying something. Examples include: refusing to leave your home until you buy, using scare tactics, saying you ordered something you did not, constantly calling or messaging you, or using guilt to influence your decision.

Examples of Misleading Statements

Misleading statements occur when a seller gives you incorrect, exaggerated, or incomplete information that affects your decision. This includes giving wrong product information, advising you to buy unnecessary add-ons, exaggerating product performance, advertising false discounts, or hiding important details.

If You Experience Pressure or Misleading Information Before You Buy

If you feel pressured or misled:

• Do not complete the purchase.

• Ask to speak with a customer service representative. Explain what happened and request that the behaviour be addressed and that you not be contacted again.

• Send a follow-up email summarizing your conversation.

• If the behaviour continues, ask for senior management’s contact details and submit a formal written complaint outlining what happened and attaching any evidence.

• If the seller still continues the behaviour, file a complaint with Consumer Affairs.

• Keep copies of all emails, notes, screenshots, and receipts in case you later need to pursue legal action.

  
  

If You Have Already Made a Purchase

If you believe you were pressured or misled into buying something:

• Contact the business immediately and ask to speak to customer service.

• Explain what happened, request that the behaviour be addressed, and ask for a full refund (and return the item, if possible).

• Send a follow-up letter or email documenting your conversation.

• If the business refuses to resolve the issue, request senior management’s contact details and submit a formal complaint with all supporting evidence.

• If the seller still does not respond or refuses to refund you, file a complaint with Consumer Affairs and consider legal action to recover your money.

• As with pre-purchase situations, always keep copies of all correspondence and evidence.

If You Need to Take Legal Action

If the business refuses to address the unfair trade practice, you may choose to pursue legal proceedings. Legal action may involve fees (lawyer fees and court filing costs), and you may ask the court to include these costs in your claim.

Key Takeaway

You should never feel pressured or misled when making a purchase. If you do, you have legal protections, and clear steps you can take, to stop the behaviour, recover your money, and hold the business accountable.