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tech noir wrote:

Read the Government's responseThe Fraudulent Mediums Act 1951 will be repealed from April 2008 by the Consumer Protection from Unfair Trading Regulations 2007 (CPRs) which implement the Unfair Commercial Practices Directive (UCPD).

The CPRs include rules prohibiting conduct which misleads the average consumer and thereby causes, or is likely to cause him to take a transactional decision he would not have taken otherwise.

Although the average consumer would arguably not be misled by a person who claims he is able to contact the dead, such conduct would still be unfair under the CPRs if it deceives the average member of (i) the group to which it is directed, or (ii) a clearly identifiable group of consumers who are particularly vulnerable to this type of practice.

Unlike the Act, there is no requirement in the CPRs to prove an "intent to deceive". This means that where practices are aimed at vulnerable consumers or average members of particular groups, it should be easier to take action against fraudulent mediums than under the Act.

The CPRs will be enforced by both civil (injunctive) action and criminal sanctions.

Further information on the UCPD and the CPRs is available on BERR's website (new window).

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