Competition and Consumer Amendment (Unfair Trading Practices) Act 2026
Schedule 1, Part 1: the general prohibition on unfair trading practices (section 28B) and the consequential amendments – Competition and Consumer Amendment (Unfair Trading Practices) Act 2026

Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 28B(1): The ban on unfair trading practices

What does 28B(1) require?

Do not use conduct connected with a sale, or an offer of sale, of goods or services to a consumer that meets the unfair trading test. The prohibition is separate from the existing misleading conduct and unconscionable conduct provisions. The prohibition is principles based, so it is not a list of banned tactics. A product team has to be able to show why a flow, a message or a default is not manipulative and does not distort the decision setting. The practical work is a documented review of the journeys where a consumer decides, pays or cancels, with the reason for each design choice recorded. A team that can only say "the flow converts well" has no answer to the test. A team that can point to the choice architecture, the alternatives shown and the absence of pressure has one.

Maintained by Gerard Blokdyk

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