Men are charged with ‘engaging in aggressive commercial practice’

Ballymena Court

TWO men have had a charge of ‘engaging in aggressive commercial practice’ withdrawn and instead received cautions.

The cases were mentioned at Ballymena Magistrates Court on December 19.

No background details relating to the circumstances of the charge were given to the court.

The men are Simon Flynn (30), of Roches Road, Rathkeale, County Limerick, and Michael Kealy (35) with an address at Colville Road, London.

The charge relates to November 26 this year.

Flynn’s charge read that he ‘engaged in a commercial practice which was aggressive in contravention of Regulation 7(1) of the Consumer Protection From Unfair Trading Regulations 2008 in that you sold a generator and a chain saw in such a way so as to significantly impair or be likely to significantly impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence, and in so doing you caused or were likely to cause the average consumer to take a transactional decision he would not have otherwise taken’.

Kealy’s charge was that he ‘engaged in a commercial practice which was aggressive in contravention of Regulation 7(1) of the Consumer Protection from Unfair Trading regulations 2008 in that you used aggression to coerce a person to make a purchase so as to significantly impair or be likely to significantly impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence, and in so doing you caused or were likely to cause the average consumer to take a transactional decision he would not have otherwise taken’.

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