The Regulation of Premium Rate Services Order 2024
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Change 1
22 Misleading information
(1) The information that is provided by a PRS provider in carrying out a regulated activity must not be likely to mislead a consumer. (2) For the purposes of paragraph (1), information that is provided is likely to mislead a consumer if— (a) it, or any material part of it, is false information and is therefore untruthful in relation to the pre-contract information or if it, or its overall presentation, in any way deceives or is likely to deceive the average consumer, even if the information is factually correct, and (b) it causes, or is likely to cause, the average consumer to take a transactional decision that the consumer would not have taken otherwise. (3) In assessing whether information that is provided is likely to mislead a consumer, regard is to be had to whether the information provided is misleading because it does not include pre-contract information which, had it been provided, would have caused, or would have been likely to cause, the average consumer to take a transactional decision that the consumer would not have otherwise taken. (4) For the purposes of paragraph (3), information that is provided (but for this paragraph) is to be treated as not including pre-contract information to the extent that the pre-contract information is— (a) hidden, (b) provided in a manner which is unclear, unintelligible, ambiguous or untimely, or (c) provided with commercial intent and which fails to identify that intent, unless that is already apparent from the context. (5) References in this article to the average consumer are, subject to paragraph (6), references to a consumer who is— (a) reasonably well informed, (b) reasonably observant, and (c) reasonably circumspect. (6) Where a regulated activity is directed at a particular group (including a group of vulnerable consumers), references to the average consumer are references to an average member of that group (and the attributes of the average consumer in paragraph (5) are to be read accordingly). (7) In this article— “pre-contract information” means the information specified in Schedule 3; “transactional decision” means any decision taken by a consumer, whether it is to act or to refrain from acting, concerning— whether, how and on what terms to purchase, or make payment in whole or in part for, a controlled PRS, or whether, how and on what terms to exercise a contractual right in relation to a controlled PRS; “vulnerable consumers” has the meaning given in article 39(4).
22 Misleading information
(1) The information that is provided by a PRS provider in carrying out a regulated activity must not be likely to mislead a consumer. (2) For the purposes of paragraph (1), information that is provided is likely to mislead a consumer if— (a) it, or any material part of it, is false information and is therefore untruthful in relation to the pre-contract information or if it, or its overall presentation, in any way deceives or is likely to deceive the average consumer, even if the information is factually correct, and (b) it causes, or is likely to cause, the average consumer to take a transactional decision that the consumer would not have taken otherwise. (3) In assessing whether information that is provided is likely to mislead a consumer, regard is to be had to whether the information provided is misleading because it does not include pre-contract information which, had it been provided, would have caused, or would have been likely to cause, the average consumer to take a transactional decision that the consumer would not have otherwise taken. (4) For the purposes of paragraph (3), information that is provided (but for this paragraph) is to be treated as not including pre-contract information to the extent that the pre-contract information is— (a) hidden, (b) provided in a manner which is unclear, unintelligible, ambiguous or untimely, or (c) provided with commercial intent and which fails to identify that intent, unless that is already apparent from the context. (5) References in this article to the average consumer are, subject to paragraph (6), references to a consumer who is— (a) reasonably well informed, (b) reasonably observant, and (c) reasonably circumspect. (6) Where a regulated activity is directed at a particular group (including a group of vulnerable consumers), references to the average consumer are references to an average member of that group (and the attributes of the average consumer in paragraph (5) are to be read accordingly). (7) In this article— “pre-contract information” means the information specified in Schedule 3; “transactional decision” means any decision taken by a consumer, whether it is to act or to refrain from acting, concerning— whether, how and on what terms to purchase, or make payment in whole or in part for, a controlled PRS, or whether, how and on what terms to exercise a contractual right in relation to a controlled PRS; “vulnerable consumers” has the meaning given in article 39(4).
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