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(1)For the purposes of this Chapter, a commercial practice involves an aggressive practice if it uses harassment, coercion or undue influence.
(2)In determining whether a commercial practice uses harassment, coercion or undue influence, account must be taken of—
(a)the nature of the practice;
(b)the timing and location of the practice;
(c)whether the practice involves the use of any threatening or abusive language or behaviour;
(d)whether the practice exploits any vulnerability of a consumer (including any vulnerability of a kind mentioned in section 247(4));
(e)whether the practice involves a threat to take action which cannot legally be taken;
(f)whether the practice requires a consumer to take onerous or disproportionate action in order to exercise rights that the consumer has in relation to a product.
(3)In this section—
(a)“coercion” includes the use or threat of physical force;
(b)“undue influence” means exploiting a position of power in relation to a consumer so as to apply pressure in a way which significantly limits the consumer’s ability to make an informed decision.
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