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Tue 27 May 2008
Fortune-tellers targetted
in new UK Consumer Protection Regulations
Posted by Michael Hanna under Main
This is fantastic
news and a long time coming. Those who are good at their profession
have nothing to fear, this really is good news. There are many
hundreds of websites and individuals claiming to cure every misfortune
under the sun and I feel they will maybe have to look at a new
career or train to be more proficient.
I come across so many people every year who have been ripped off
by ruthless charlatans who hide behind the most professional looking
websites and their credentials look very impressive but they actually
cause more harm than good and often leave an already vulnerable
person ten times worse.
Whilst this law is not directly aimed at our profession I still
feel this is great news for those who are genuine and honest Feng
Shui Practitioners. Within the last 24 hours I have received 17
emails from Practitioners already complaining about the new law
and how they feel as one put it a load of B******* I have also
received many from Practitioners saying how they also feel it
is good news.
Michael Hanna 27th May 2008
The below article was taken from the Times-On-Line website
on this link
http://business.timesonline.co.uk/tol/business/law/public_law/article3987725.ece
Fortune-tellers targeted in new Consumer Protection RegulationsThe
below article was taken from the Times-On-Line website on this
linkThe fortune-tellers, at least, must have seen it coming. The
biggest overhaul of consumer laws for 40 years takes effect on
Monday, tightening controls on everything from door-to-door salesmen
to children's advertising. The below article was taken from the
Times-On-Line website on this linkFortune-tellers and astrologists
will be bracketed with double-glazing salesman under the new Consumer
Protection Regulations. The changes, which implement an EU directive
on unfair commercial practices, require businesses for the first
time to act fairly towards consumers and will outlaw disreputable
trading activities.
Fortune-tellers will have to tell
customers that what they offer is 'for entertainment only' and
not 'experimentally proven'. This means that a fortune-teller
who sets up a tent at a funfair will have to put up a disclaimer
on a board outside.
Similar disclaimers will need to be posted on the websites of
faith healers, spiritualists or mediums where appropriate, as
well as on invoices and at the top of any printed terms and conditions.
Andy Millmore, a partner at the law firm Harbottle & Lewis in
London, said: 'What is significant is the sweeping nature of the
regulations. They will effectively criminalise actions that might
in the past have escaped legal censure, even if they may perhaps
have been covered by industry voluntary codes.
'Personalised services may also come under scrutiny. A tarot pack
reader, for instance, cannot just pick one of several templates
– it would have to be a proper reading designed for that person.'
Claims to secure good fortune, contact the dead or heal through
the laying-on of hands are all services that will also have to
carry disclaimers, other lawyers say. 'You could argue that this
is no different from promises given by the Church of Eternal Life,
which people pay for, in the sense that they feel obliged to give
to the collection,' one said. 'It’s no more proven.'
Mr Millmore said that the changes created a lower test for prosecution.
'Before, a prosecution had to show that there was a false or misleading
trade description. Now the test is, is it an unfair commercial
trade practice? So we are likely to see more prosecutions,' he
said.
The new test would also take account
of the context of the sale, he said. If the target were an elderly
or vulnerable person, the courts would take a harsher view. 'If
my aged grandmother lets in a double-glazing seller, and he presses
her to make a sale, that would probably constitute an ‘aggressive
practice’ and be criminalised.'
The rules state that anyone offering a service must not engage
in unfair commercial practice, misleading statement or omission
or aggressive sales practice. This would criminalise practices
such as 'closing down' sales that aren’t, limited time offers
that then last longer and false testimonials left on websites.
Those who break the new laws, which will be enforced by the Office
of Fair Trading or trading standards officers, will face fines
of up to £5,000 if their case is heard in a magistrates’ courts
or a fine and up to two years in jail if the case is severe enough
to be heard in the Crown Court.
The new regulations also include a blacklist of 31 activities,
which include claiming falsely to have signed up to an approved
code of conduct; advertising a product at a cheap price, knowing
there is insufficient stock to meet demand, so-called bait advertising;
making customers think that they cannot leave without signing;
and suggesting in children’s advertising that not buying a product
would leave a child disadvantaged.
The Spiritualist Workers’ Association attacked the changes, saying
on its website: 'We do not believe we are conducting a scientific
experiment. To have to stand up and say so is a denial of our
beliefs. It is also sending out a message that we do not believe
what we are saying and doing.'
Lyn Guest de Swarte, a clairvoyant, said: 'It’s like trying to
regulate God.' Mr Millmore’s view is that fortune-tellers will
not be the main target. 'The double-glazing sellers who go for
elderly ladies – it’s in those areas that people would expect
the new laws to bite,' he said. On the cards Ready-made consumer
protection disclaimers for psychics, tarot card readers, astrologers
and fortune-tellers Astrologers 'Beware a tall, dark stranger
claiming to predict the future' Tarot card readers 'Living your
life in accordance with our predictions could damage your health'
Fortune tellers 'Customers crossing my palm with silver do so
at their own risk' Mediums 'Is there anybody out there? Maybe
. . . or maybe not' Psychic healers 'Close your eyes and breathe
deeply – but don’t part with your money just yet'
On the cards
Ready-made consumer protection disclaimers for psychics, tarot
card readers, astrologers and fortune-tellers
Astrologers
' Beware a tall, dark stranger claiming to predict the future'
Tarot card readers
'Living your life in accordance with our predictions could damage
your health'
Fortune tellers 'Customers crossing my palm with silver do so
at their own risk'
Mediums
'Is there anybody out there? Maybe . . . or maybe not'
Psychic healers
'Close your eyes and breathe deeply – but don’t part with your
money just yet'

One Response to 'Fortune-tellers targetted in new UK Consumer
Protection Regulations'
1. Andrea Says:
May 28th, 2008 at 12:29 am
I thought you would like to hear this news Michael, i agree,
it will be a good thing and i know how you feel about the way
feng shui has become commercialised in a bad way, I have followed
youre website and newsletters for many many years and love it
but please do the monthly newsletter again soon, I miss them so
much.
Andrea (Cyprus)
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