Secretary of State for Business, Innovation & Skills v PLT Anti-Marketing Ltd [2013] EWHC 3626 (Ch) (28 October 2013)

Secretary of State for Business, Innovation & Skills v PLT Anti-Marketing Ltd [2013] EWHC 3626 (Ch) (28 October 2013)

The fact that registration with the Telephone and Mail Preference Services is available for free is material information. Omitting this information is likely to cause the average consumer to take a transactional decision they would not otherwise have taken. Therefore, PLT Anti-Marketing Limited's proposed trading...

Source-derived case information.

Citation
[2013] EWHC 3626 (Ch)
Parties
Petitioner/respondent: The Secretary of State for Business, Innovation & Skills; Respondent/applicant: PLT Anti-Marketing Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2013
Procedural Posture
Public Interest Winding Up Petition / Application to Vary Undertakings Given in Response to Provisional Liquidator Application
Outcome
application dismissed
Legal Topics
Public Interest Winding Up, Misleading Omissions, Consumer Protection From Unfair Trading Regulations 2008, Regulation 6, Material Information, Average Consumer Test
Company Law Consumer Protection Public Interest Winding Up Misleading Omissions Consumer Protection From Unfair Trading Regulations 2008 Regulation 6 Material Information Average Consumer Test

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Parties

The Secretary of State for Business, Innovation & Skills

Petitioner/respondent

PLT Anti-Marketing Limited

Respondent/applicant

Procedural Posture

Public Interest Winding Up Petition / Application to Vary Undertakings Given in Response to Provisional Liquidator Application

Legal Issues

  1. 1 Whether PLT Anti-Marketing Limited's proposed trading practices breach Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 by omitting to inform customers that similar services are available for free
  2. 2 Whether the undertakings given to the court should be varied to allow the company to trade without disclosing the availability of free registration with the Telephone and Mail Preference Services

Ratio Decidendi

The fact that registration with the Telephone and Mail Preference Services is available for free is material information. Omitting this information is likely to cause the average consumer to take a transactional decision they would not otherwise have taken. Therefore, PLT Anti-Marketing Limited's proposed trading practices would breach Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.

Court Disposition

application dismissed

Orders

  • The application to vary undertakings is dismissed.
  • No variation of undertakings; company must continue to comply with existing undertakings regarding disclosure of free registration with Telephone and Mail Preference Services.