The OFT is unable to give advice to individual businesses about their particular disputes or obtain redress on their behalf. Please seek independent legal advice.
There are a number of organisations that may be able to take action to stop advertisers from continuing to mislead businesses. If you believe you have been a victim of fraud this can be reported to the authorities.
If you believe you have been a victim of fraud you can report this to Action Fraud on 0300 123 2040 or on the Action Fraud website.
Complaints about a UK based advertiser can be made to the Advertising Standards Authority. The Advertising Standards Authority is a self-regulatory body that regulates the content of advertisements, sales promotions and direct marketing in the UK through Codes of Practice. The Codes do not cover telephone calls or website content (except sales promotions and advertisements in paid-for space). You can make a complaint online at the Advertising Standards Authority website.
PhonepayPlus is the organisation that regulates products or services that are charged to users' phone bills or pre-pay accounts. If you think that your business has been targeted or affected by a scam that misuses a premium rate charged service contact PhonepayPlus in the first instance. See the PhonepayPlus website.
If the advertiser/supplier is a limited company carrying on business in England, Wales or Scotland, the Insolvency Service's Companies Investigation Branch (CIB) may be able to take action in the public interest. CIB cannot assist individual complainants. Where an investigation shows that a company's business is being operated contrary to the public interest (for example, in a manner likely to cause harm, detriment or loss to third party consumers, investors and traders) CIB can ask the Court to make a winding up order. This will put the company into compulsory liquidation and thereby prevent it from further trading. You can submit a complaint online by visiting The Insolvency Service website.
Local authority Trading Standards Services, the OFT and the Department for Enterprise Trade and Industry in Northern Ireland have powers under The Business Protection from Misleading Marketing Regulations 2008. The Regulations are limited to preventing the continued publication of misleading material or punishing past breaches through a criminal prosecution, they do not provide for compensation or other redress for complainants.
To locate your local authority Trading Standards Service visit the Trading Standards Service website.
The OFT will normally only consider acting where businesses across the UK are affected by the misleading advertising and there is significant detriment. Complaints can be sent to:
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Where the OFT receives a significant number of complaints about misleading advertising from overseas, we seek to assist authorities in the relevant country to take action on behalf of UK businesses. The OFT cannot take action directly against traders based overseas.
Complaints about overseas based advertisers can be sent to:
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Although not in the remit of the Advertsing Standards Agency, complaints about marketing material that appears to come from overseas are routinely passed on to the relevant originating country via the European Advertising Standards Alliance (EASA) which, as well as European countries, also includes Australia, New Zealand, India, Canada and Brazil.
Local Authority Trading Standards Services
Companies Investigation Branch
Advertising Standards Authority
Federation of Small Businesses
Telephone Preference Service
Fax Preference Service
PhonepayPlus
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