§ The Earl of Northeskasked Her Majesty's Government:
What action they are taking to ensure that United Kingdom web retailers are complying with the legal requirements of the Distance Selling Regulations. [HL1281]
§ The Minister for Science, Department of Trade and Industry (Lord Sainsbury of Turville)The Office of Fair Trading (OFT) and local authority trading standards departments (TSDs) in Great Britain and the Department of Enterprise, Trade and Investment in Northern Ireland have been working with business to ensure that they understand their obligations under the new law, both through TSD home authority relationships and through contact with relevant trade associations. In addition, there have been regular sweeps of websites to check the information made available to consumers. Where websites appear to be falling short, the company is informed and, if appropriate changes are not made, the OFT can take action against the company to ensure its future compliance.
My department has published a Guide for Business to the Distance Selling Regulations, which is available from the DTI website at: http://www.dti.gov.uk/CACP/ca/dsdbulletin.htm.
§ The Earl of Northeskasked Her Majesty's Government:
Following the recent "mystery surf" by the Office of Fair Trading to investigate United Kingdom web retailers' level of compliance with consumer legislation, how many sites were found to be in breach of existing legislation. [HL1282]
§ Lord Sainsbury of TurvilleThe mystery surf recently conducted by the Office of Fair Trading (OFT) and participating trading standards departments (TSDs) looked at 637 UK sites and found that a number did not appear to be giving information required under the Distance Selling Regulations. Twelve per cent did not appear to give details of either the physical address of the business, an e-mail address or a telephone number; 20 per cent did not give a full itemisation of costs; and 52 per cent did not appear to be giving easily accessible information of their returns, exchange or refund policy. OFT and TSDs are following up these cases by contacting the companies concerned. Where appropriate changes are not made, the OFT can take action against the company to ensure their future compliance.
72WA
§ The Earl of Northeskasked Her Majesty's Government:
Under what circumstances it would be appropriate for the Director General of the Office of Fair Trading to seek an injunction against a United Kingdom web retailer for a breach of the Distance Selling Regulations. [HL1283]
§ Lord Sainsbury of TurvilleThe Office of Fair Trading (OFT) is working with business to ensure that the requirements of the new Distance Selling Regulations are met. OFT has published information on its website and produced a new leaflet to help businesses understand their obligations and to ensure that consumers are aware of their rights. Where companies fail to amend their websites following contact by OFT, or breaches of the regulations are identified through consumer complaints, injunctive action can be taken. In determining whether or not a court injunction is required, the OFT, Trading Standards Departments in Great Britain and the Department of Enterprise, Trade and Investment in Northern Ireland can have regard to any undertakings offered by the company.