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Consumer protection in the light of a proposal of the Ministry of Industry and Trade

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“The aim of the proposal is to ensure that consumers are better protected from unfair commercial practices of some sellers when shopping online. Our proposal will provide them with sufficient information so that they are better informed and less vulnerable to manipulation efforts,” said Minister Josef Síkela when presenting the proposal, the primary purpose of which is to implement European regulations into Czech law.

Particularly the Consumer Protection Act is to be amended, but the Civil Code as well, in several provisions. For example, the trader will now be obliged to indicate the price, at which the discounted products were offered, before the discount was granted. Such a rule will effectively prevent the now widespread practice of increasing prices just before a discount is granted. The price quoted as the original price will have to be the lowest price stated by the trader in a period of no less than 30 days prior to the discount.

There will also be a ban on fake consumer reviews on the Internet, which you may know for example from the famous ham and sausage stall in the Old Town Square.

In the case of unsolicited door-to-door sales, i.e. sales aimed at entering into a contract outside the business premises, the period for withdrawal will be extended from 14 to 30 days.

In addition, the proposal goes beyond the requirements placed by the European Union on legal systems of the Member States by introducing changes in entering into contracts on the telephone. The trader will need to confirm the order to the consumer in textual form as well, a mere telephone call will not be sufficient. The consumer will also need to confirm his/her interest in writing, e.g. by e-mail. Such legislation will not only help prevent direct pressure selling via telephone calls, which often targets, for example, the elderly. The problem remains that the entrepreneur may be calling you even during the textual confirmation of the order, the process of an unpleasant phone call will thus be prolonged and the unfair practice will not necessarily disappear.

The government draft bill is a priority one and the first reading at the Chamber of Deputies has already been planned.  We can therefore expect to feel its effect first-hand soon.