They take many forms and have always existed, but abusive, deceptive or deceptive commercial practices, aimed at individuals and companies, share the same objective: the lure of profit. They are regularly reported to the departments of the Directorate General for Competition, Consumer Affairs and Fraud Prevention or observed during their checks and investigations.
Here are three quite different examples on which the agents of the consumption center of the departmental directorate for the protection of populations (DDPP) worked in the Var.
Faulty display and risk of confusion
The first accused is an itinerant perfume seller who operates in the markets of the Var coast during the summer period. To attract customers, mainly tourists, the seller quotes aloud the major brands of prestigious perfumes he promotes. However, this seller does not comply with the legal obligation to visibly display the prices of the products he sells. Indeed, the prices of the perfumes sold are not indicated on the stall or the products themselves. “Failure to display prices constitutes an administrative failure; even quoting a protected trademark may lead to a risk of confusion in the mind of the consumer and be considered a misleading commercial practice” recalls the DDPP.
Misleading location
Second scam, a hotel-restaurant falsely claimed, on its website in particular, to be located “in the heart of the Gulf of Saint-Tropez”. For the DDPP, “it is useful to encourage consumers to inquire precisely regarding the location of the establishment where they wish to book”.
Lessor pretending to be a hotelier
Third illegal situation, a furnished room rental company, which rents its rooms via different platforms (booking.com, hotels.com, destinia.com…), falsely suggesting that it is a hotel, using several trade names to thwart platform surveillance and misinform consumers regarding its identity and by imposing a very restrictive curfew on consumers: no entry or exit from the establishment between 10 p.m. and 8 a.m. This last restriction, in particular, encourages consumers to cancel their stay while the general conditions of sale provide, as a principle, the absence of reimbursement, consumers who cancel are therefore not reimbursed. “We recommend that consumers be very vigilant regarding the type of establishment, the identity of the operator and the terms of the general conditions of sale, such as arrival, departure, opening and closing times. reception of the establishment, the conditions for canceling the stay…” emphasizes the DDPP once more.
In the last two cases, the practices gave rise to an investigation and the professionals concerned were the subject of litigation proceedings sent to the competent public prosecutor’s office.
