What counts as Product Misrepresentation?

When you buy a product, you expect it to be as advertised, right?

Whether you are buying a car, a household appliance, a phone, or something much more expensive, the information provided by a trader plays a major role in your decision. But what happens when the product you receive is not what you were led to believe?

This is where product misrepresentation can become an issue. It’s against the law, but can be tricky to spot as a consumer.

Misrepresentation can take many forms, and it is not always as obvious as a trader simply making a false statement. If you’re unsure about a product you’ve bought, understanding what can count as misrepresentation can help you recognise whether you’ve been duped… and understand what steps you can take to resolve the situation.

Read on to find out more!

It’s also worth remembering:

If you’ve hit a wall with a trader, Consumer Arbitration offers a fair, independent and accessible route to a resolution – approved by the Chartered Trading Standards Institute to settle disputes between consumers and Participating Member traders right across the UK.

Our Website

What is product misrepresentation?

In simple terms, product misrepresentation is when a trader provides information about a product that is false, misleading or inaccurate, and that information influences the consumer’s decision to enter into the purchase.

If you’ve read our previous article: Your Consumer Rights Explained… In Plain English you’ll know that, thanks to the Consumer Rights Act 2015, products on the market have to be:

Of satisfactory quality
Fit for their intended purpose
As described

This means product misrepresentation could relate to a product’s:

Condition
Age
Specifications
History
Quality
Features
Origin
Suitability for a particular purpose

For example, imagine a consumer is buying a second-hand car and the trader states that it has never been involved in an accident.

If the consumer later discovers that the vehicle has previously sustained significant accident damage, the statement may be relevant to whether they were misled into making the purchase.

However, not every disappointing purchase will necessarily amount to misrepresentation. The circumstances, the information provided and the effect that information had on the consumer’s decision all matter.

Misrepresentation isn’t always an outright lie

One common misconception is that misrepresentation requires a trader to deliberately lie.

That is not necessarily the case.

A misleading statement can potentially create problems even where the trader did not intend to deceive the consumer. What matters is mainly whether the statement was false or misleading and whether it played a role in the consumer deciding to enter into the contract.

This is one reason why consumers should keep copies of product descriptions, advertisements and correspondence.

Examples of product misrepresentation

Misrepresentation can arise in many different situations.

1. A product is advertised as new when it isn’t

A consumer purchases an item described as “brand new”, only to discover that it has previously been used, refurbished or returned.

The distinction may be important because the consumer’s decision to purchase may have been based on the product being new.

2. The specifications are incorrect

A trader advertises a television as having a particular screen size, storage capacity or technical feature, but the product supplied does not have the advertised specification.

If the specification influenced the purchase, this could potentially be significant.

3. The condition is inaccurately described

A second-hand item may be advertised as being in “excellent condition” despite having significant damage or defects that were not disclosed.

The exact wording used and the nature of the undisclosed problem will be important.

4. A product is described as suitable for a particular purpose

A consumer explains to a trader that they need a product for a particular purpose, and the trader recommends a specific product as being suitable.

If the product is not suitable for that purpose, the consumer may have rights under consumer protection law, depending on the circumstances.

What about advertising and sales descriptions?

Advertisements, websites and product listings can all be important when assessing what a consumer was told before making a purchase.

A trader’s statement does not necessarily need to appear in a formal contract to be relevant.

For this reason, it is a good idea to save screenshots of online listings and advertisements before making an expensive purchase. If a product description later changes or disappears, having a record of what was originally advertised can be extremely useful.

Consumers should also pay attention to statements made verbally by sales staff. If an employee makes a specific claim about a product, consider confirming it in writing before purchasing.

A simple email such as “Just to confirm, you said the vehicle has had no previous accident damage” can create a useful record of what was discussed.

What should you do if you think you’ve been misled?

If you believe a product has been misrepresented, start by gathering evidence.

Keep copies of:

The original advertisement or product listing
Photographs of the product
Receipts
Emails, messages and letters
Any relevant warranty or guarantee
Reports or assessments relating to the product

Then contact the trader to file a complaint using their published complaints process, and explain clearly: what information you were given, why you believe it was inaccurate and what resolution you are seeking.

Keeping your complaint factual and specific can make it much easier for the trader to understand the issue.

How Consumer Arbitration can help

Consumer Arbitration provides a fair, independent and accessible Alternative Dispute Resolution service to resolve disputes between consumers and traders.

We’re a neutral third party: you can escalate your faulty product complaint with us for a small fee, depending on the amount your dispute is worth:

£10 for claims up to £750
£25 for claims over £750

… and our specialist Arbitrators will review all the information and evidence from both you and the trader before coming to a stress-free conclusion!

Once we’ve established a Complete Complaint File, it only takes 30 Days for us to issue an Arbitral Award (outcome) for your case – and guess what? Our decision is legally binding. Simple!