Section 228 — Aggressive practices

(1) For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of—

(a) the nature of the practice;

(b) the timing and location of the practice;

(c) whether the practice involves the use of any threatening or abusive language or behaviour;

(d) whether the practice exploits any vulnerability of a consumer (including any vulnerability of a kind mentioned in section 247(4));

(e) whether the practice involves a threat to take action which cannot legally be taken;

(f) whether the practice requires a consumer to take onerous or disproportionate action in order to exercise rights that the consumer has in relation to a product.

(3) In this section—

(a) “coercion” includes the use or threat of physical force;

(b) “undue influence” means exploiting a position of power in relation to a consumer so as to apply pressure in a way which significantly limits the consumer’s ability to make an informed decision.