Office of Fair Trading v Purely Creative Ltd & Ors

Office of Fair Trading v Purely Creative Ltd & Ors

The defendants' 2008 promotions breached Paragraph 31 and Regulations 5 and 6 by creating false impressions that consumers had won prizes or equivalent benefits, when in reality they were required to pay substantial costs to claim them, and these misleading acts and omissions caused consumers to take transactional decisions they would not otherwise have taken, thereby harming the collective interests of consumers.

Parties
Claimant: The Office of Fair Trading; Defendant: Purely Creative Limited; Defendant: Strike Lucky Games Limited; Defendant: The Winners Club Limited; Defendant: McIntyre & Dodd Marketing Limited; Defendant: Dodd Marketing Limited; Defendant: Adrian Williams; Defendant: Wendy Ruck; Defendant: Catherine Cummings; Defendant: Peter Henry
Jurisdiction
England and Wales
Judgment Date
02 February 2011
Procedural Posture
Application for Enforcement Order / Judgment
Outcome
Enforcement order to be made against all defendants, subject to further submissions on form or undertakings in lieu.
Legal Topics
Unfair Commercial Practices, Misleading Advertising, Enforcement Orders, Harm to Collective Interests of Consumers
Consumer Protection Commercial Law Regulatory Law Unfair Commercial Practices Misleading Advertising Enforcement Orders Harm to Collective Interests of Consumers

Case Brief

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Parties

The Office of Fair Trading

Claimant

Purely Creative Limited

Defendant

Strike Lucky Games Limited

Defendant

The Winners Club Limited

Defendant

McIntyre & Dodd Marketing Limited

Defendant

Dodd Marketing Limited

Defendant

Adrian Williams

Defendant

Wendy Ruck

Defendant

Catherine Cummings

Defendant

Peter Henry

Defendant

Procedural Posture

Application for Enforcement Order / Judgment

Legal Issues

  1. 1 Whether the defendants' 2008 promotions breached the Consumer Protection from Unfair Trading Regulations 2008 and Paragraph 31 of Schedule 1
  2. 2 Whether misleading acts or omissions caused consumers to take transactional decisions they would not otherwise have taken
  3. 3 Whether breaches harmed the collective interests of consumers

Ratio Decidendi

The defendants' 2008 promotions breached Paragraph 31 and Regulations 5 and 6 by creating false impressions that consumers had won prizes or equivalent benefits, when in reality they were required to pay substantial costs to claim them, and these misleading acts and omissions caused consumers to take transactional decisions they would not otherwise have taken, thereby harming the collective interests of consumers.

Court Disposition

Enforcement order to be made against all defendants, subject to further submissions on form or undertakings in lieu.

Orders

  • Court will hear submissions as to the form of enforcement order or undertakings in lieu after parties confer.