Priority areas of the Consumer Authority: aggressive canvassing and unfair practices on the internet

Over the coming period, the Consumer Authority will focus in particular on misleading and aggressive canvassing and unfair commercial practices on the internet. The enforcement authority announced this today at the presentation of its Agenda for 2010 and 2011. Further priority areas covered in the Agenda include: guarantees & conformity, new statutory duties and cross-border consumers. Dirk Janssen, Acting Director of the Consumer Authority, explains: "We have chosen those practices that concern many people and which damage consumer confidence. What is more, these practices often result in significant losses. In the case of misleading and aggressive canvassing, this amounts to over 200 million euros' worth of losses and affects over one million people every year in the Netherlands."

The five priority areas have been determined following consultation with the various parties involved. The reports received by the Consumer Authority's information desk, ConsuWijzer, also form an important source. From this year onwards, the Consumer Authority has opted for a biennial Agenda. It has emerged that it may take some time to bring about a permanent change in behaviour. What is more, this has made the enforcement authority more flexible when it comes to dedicating capacity to tackling consumer problems that occur suddenly.

Misleading and aggressive canvassing

Persuading consumers to purchase a product or service in a misleading and aggressive manner is prohibited. This manner of canvassing features frequently in the reports received by ConsuWijzer. Consumers often feel that they have been taken by surprise or intimidated. These practices take place on the street, door-to-door, over the telephone and also during sales pitches. The Unfair Commercial Practices Act [Wet Oneerlijke Handelspraktijken] has enabled the Consumer Authority to take action against this. The Consumer Authority is working closely with the Independent Post and Telecommunications Authority (OPTA) and the Netherlands Competition Authority (NMa) in tackling this issue.

Unfair commercial practices on the internet

In 2010/2011, the Consumer Authority will focus a great deal of attention on compliance with regulations when products and services are being offered online. This sales channel is undergoing rapid growth, but as far as compliance with regulations is concerned, some essential requirements are still not being adhered to. That applies to text messaging services, but also to online ticket sales. Furthermore, the Consumer Authority is focussing upon online dating services and social networking sites. These are new and rapidly-growing markets that the enforcement authority wishes to use to map out which consumer issues exist here and which violations have to be tackled.

Guarantees & conformity

Since the ConsuWijzer was launched, this issue is the most common as far as the number of complaints and questions are concerned. In 2010-2011, the Consumer Authority will therefore focus upon those companies about which most reports are received at ConsuWijzer and that cause structural problems. Furthermore, the Consumer Authority is carrying out investigations into buying additional warranties. In 2010, the results of these investigations will be reported and sanctions will be imposed upon the transgressors.

New statutory duties

As far as its new statutory duties are concerned, the Consumer Authority intends to monitor whether certain providers commit structural violations in relation to the following new duties:

• Enforcing the regulations from Regulation 1008/2008 with regard to the transparency of prices of flight tickets (powers expected to enter into force during mid-2010)
• The Services Act (which entered into force at the end of 2009) imposes a number of new obligations upon companies, especially in the area of transparency
• Legislation in relation to the (automatic) renewal of subscriptions. As soon as the new legislation enters into force, the Consumer Authority will monitor compliance with this legislation and take action if necessary.

Cross-border consumers

Consumer problems are more international in nature than ever before. This is why it is a positive thing that monitoring does not cease at the national borders. The Consumer Authority works in close collaboration with the consumer enforcement authorities from the other Member States of the European Union and will intensify this collaboration over the coming period. Globally, the Consumer Authority collaborates in the international network ICPEN (International Consumer Protection and Enforcement Network). During the second half of 2010, the Consumer Authority will take over the chairmanship of ICPEN.