Frances Gibb, Legal Editor
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The 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.
Fortune-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 diresputable 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”
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Jesus saves (maybe), so if you go to hell, and you probably are already living there, you might choose to make a more conscious choice than to trust your soul to anyone other than yourself; after all you have the final word that creates your reality.
Don, Missoula, USA
"advertising a product at a cheap price"...does this include Olympic Games and ID cards?
aj, London,
If that is the case, what about the Places of religious worship. after all there is no firm proof that God exists, does this mean that placards should be placed at the entrance to all places of worship saying, " all who enter here don't belive all you see and hear".
victor arram, westcliff,
Presumably the same will apply to all churches?
Jeremy Poynton, Frome, Somerset
Will there be regulation of the predictive statements emanating from Climate Change fascists and and Green agenda eco-warriors? Thought not.
Stephen, London, England
I find no reference in the CPRs to astrologers, etc having to say they are for entertainment only and not experimentally proven. The TV Ad Code contains something like this but it is based on a very flawed research survey. (The Radio Ad Code, which i edited, does not.) Have i missed something?
Janet Lee, London,
I trust that every Bible and other such book will carry an appropriate disclaimer regarding the reliability of its content and promises. And that preachers will similarly preface every sermon with "for entertainment only".
Joz , Haverfordwest, Pembrokeshire
The difference between a TV weather man and a fortune teller is that while the first one offers a free service, the second one can charge you double digit bills. Weather forecast, as everybody knows, it is not an exact science, while fortune tellers and costumers think the opposite for astrology!
Riccardo, Aberdeen, Scotland
I would love to know if TV weathermen will be fined and/or arrested if a forcast isn't completely correct. Or wll they have to state, "Maybe this forcast is right, but maybe not. If I say, '...no rain', take an umbrella anyway!" I hope used car salesmenwill be held to everything they say?
Jay Marx, Baton Rouge, LA, USA
I hope the consumers will feel protected now !!
Dev, Delhi, India
Will opinion pollsters be be included in the catalogy of fortune tellers?
John from Leeds , Leeds , UK
Actually, there is strong evidence to support evolution. I recommend reading said textbooks. Additionally, if a more convincing theory was proposed, it would take evolutions place in the textbooks. With faith, one holds onto their ideas regardless of evidence, with science, we adapt and change.
Harlan Entler, Los Angeles, United States
Hold on - Hold on - Quiet everyone!!
I see a politician. I hear a politician. He says he will lower taxes. he says he will make the world a better place. No crime. Free health care. All he wants is my vote.
Deepak, Wayland, U
Where does this leave Psychiatry ? Their Pseudoscientists as well. Pseudo, from the Greek 'FALSE'. Shouldn't they have to tell you they can't proove what they are talking about. God only knows how they made it into the Medical community. Call themselves Doctors as well, what next.......
PAUL F NEEDHAM, Glasgow, Scotland
Will this also apply to Political Party Manifestos?
I'm somewhat doubtful.
Bruce Tucker, Cambridge, Cambs
Didn't Hitler crackdown on Astrology and the occult in Germany? History repeating itself again?
chris, brighton,
Another witch-hunt by the Nanny State. Right?
Hanja, Rome,
Where does this leave Scientology?
Josh, London,
Coming soon to a church near you..... A huge great
*not experimentally proven*
sign. If you're going to discriminate against one form of spiritual activity (be it questionable or not) at least discriminate against them all.
Ava, Edinburgh,
Why is it that reporters always make the same pathetic jokes when writing about legislation regulating psychics?
Alan, Seattle, USA
Hang about a bit; does this "for entertainment only and not experimentally proven apply to people who peddle futhadamental religious nonsense purportedly the written work of "God"
Moreover should the bible in its many formats not carry the same "health warning"
James McLaren, Lectoure, France
Answer to A. Brown: Darwinism is experimentally proven to an extent that the experimental evidence for evolutionism is overwhelming, while that for creationism or God is virtually non-existent. Constructive scepticism is the agnostic's method - NOT faith. Observable + rational testing is not belief.
Robert Priddy, Oslo,
A. Brown wants an answer: Atheism is not based on faith, but on rational test methods and observable evidence, and for Darwinism it is overwhelming. Religions have NO such evidence whatever, certainly not creationism. Faiths and beliefs need to be subjected to severe and constructive scepticism.
Robert Priddy, Oslo,
Does this mean that people who promise salvation or 42 virgins if you do what they tell you can be done under the new regulations ? This looks like a good way to get rid of religions
John Small, Faversham, UK
If the authorities had any integrity they would have included all superstitions in the new regulations: all religions, Scientology, homeopathy,... everything that has no factual basis.
Jeff, Oxford,
Do any of these laws cover the mental health field or religions? These also are areas of faith or belief that you are being told the truth.
Also, exactly how will you go about enforcing these new laws? Will you be doubling your existing staff?
Barbara, Tennessee, USA
We should also get Trading Standards to target religious establishments. After all they too invoke the supernatural and superstition, in order to give their customers some sort of reassurance about the future. Despite holding huge financial assets they also continually ask the public for money.
Neil, Gloucestershire, England
Religion not charging? Islam makes a big deal about the faithful paying the "religious tax" and even imposes punitive taxes on non-muslims to permit them to follow their own faith. Look up zakat and jizyah. These are not voluntary, though perhaps they cannot be enforced in the courts here.
Norman, Anstruther, UK
To those taking a swipe at religion in general... what about disclaimers on science text books teaching Darwinism? After all it is not experimentally proven is it? Isn't it time that atheists admitted they also live by faith.
Andrew Brown, derby, UK
What about ice-cream vans who park outside your doors targeting children before they go to bed?
sabinecl, london,
Hmm, religion doesn't charge...money from the government, collections at the church/mosque/synagogue/temple, purchase of the Qu'ran, Bible, Torah, Vedas, etc, 'donations' to the church to obtain that date for your special day. We all pay for religion even if it's just through taxes. It's a farce.
Dan, London,
When the high priest makes it clear that a chicken or goat or other burnt offering is usually proffered to the gods, payments are no longer voluntary.
John, Detroit, USA
Tithing still exists in both churches and mosques so why are they not captured?
Hold people accountable for what they're claiming rather than encouraging worthless disclaimers which won't do anything to stop people being conned.
Nadia, Hamilton, Bermuda
Never mind religion. Surely the first scallies to be targetted should be New Labour, who promised "things can only get better" and have been charging through the nose (backed up by aggressive tactics form HMRC) ever since, while clearly failing to deliver.
Simon, Brussels,
Religion couldn't be included. Churches, Mosques, Synagoguev etc do not charge an entrance fee or extra for prayers. Payments are voluntary. I know people who go to church every week and have never put anything the collection box.
Victor, London,
I wonder if they saw it coming?
DanOxford, Oxford, England
An individual's freedom to make their own judgement seems irrelevant when you are governed by the thought police. Being vaguely intelligent myself I detest living in a country where rules/regulations/diktats make intelligence irrelevant, and personal liability pointless. I may as well be stupid.
Martin, Maidenhead, UK
A very welcome development. I am thus assuming that religions will also have to display similar disclaimers.
What - they don't! Surely they're not being given yet another exemption from the laws that everyone else has to follow are they?
Mark Allen, Nottingham,
These changes are excellent and I welcome them wholeheartedly, especially in respect of the door-to-door salespeople and those targeting children. More stringent controls in these areas, where sales and advertising people have proven incapable of self-control, are long overdue.
Zoe Robinson, Manchester, United Kingdom
I cannot believe this. Next thing the government will be legislating the colour of tarot readers' underwear and a statutory length for their fingernails. But the really cruel thing is that it targets people who are relatively poor -- caravan-dwellers. Note the photo. No ways a rich woman. Bullies!
John, London,
This should certainly apply to all purveyors of religion and politicians in particular. Newspapers and shops that sell crystals and dream catchers. And estate agents.
kenny livitt, hove,
But the main business of religions is the unproven prediction of life after death. This is essentially a denial of freedom of belief which I think even those wanting a secular society do not advocate. If there is equality under the law then this disclaimer MUST apply to the sale of every Bible.
Keith, Rayleigh, England
On the list of prohibited trade practices is 'failing to respond to pertinent correspondence'. That should upset quite a few utility companies who ignore consumer correspondence almost as a matter of routine!
James , Leyland, Lancashire
Will this stop religions obtaining money from the Government, particularly in education, on the basis of their predictions of life after death, the claimed existence of God and the validity of their doctrine which they may believe, but cannot prove?
Keith, Rayleigh, England
Sarah in London - "Witch Burnings" - I think not - there's no way the Health & Safety police would allow that!
Steve, Cardiff,
This kind of suggests that someone has made the concious decision that there is no truth what-so-ever in fortune telling etc.
While I agree that it is dubious at best; Its fine saying no one has proved it works, but has anyone ever proved it doesn't?
Scott, Nottingham,
The change shouldn't hurt anyone - it either works, in which case everything is fine, or it doesn't, in which case it is a deliberate rip off. Interestingly, the only people speaking out against it are the spiritualists and mediums themselves, which must mean that they, er, don't think that it works
Steve, Altrincham,
I was tempted to take a cheap shot at organised religion as well.. but they don't actually charge an entrance fee so there's no need for the disclaimer.
O, London,
I think those who pass James Randi's $1 million paranormal challenge should be exempt from these laws. Unfortunately, no-one ever has.
John Doe, London,
The difference is that religion doesn't charge you for the service they provide, any money they receive is purely voluntary. Astrologers, psychic healers, mediums etc charge you for a service that is claimed to do a lot of things that are scientifically unproven. I agree with the change.
Michael, Oxford,
Well, I could see this coming.
IanH, Glasgow, UK
Presumably the same disclaimers will have to be put outside Churchs, Mosques and Synagogues etc...
Mark, London,
Maybe there should be similar disclaimers outside churches or mosques. Then they can tell customers that what they offer is for entertainment only and not experimentally proven. What's the difference? Fortune telling, soothsaying, whatever is as old as the hills. We'll have witch burnings next.
Sarah, London, England
Can we take this one small step further and apply it to religion as well?
Adrian Ryan, Donegal, Ireland