sec_4_2_7__para__8

The use of information about the vulnerabilities of specific consumers or a group of consumers for commercial purposes is likely to have an effect on the consumers’ transactional decision. Depending on the circumstances of the case, such practices could amount to a form of manipulation in which the trader exercises ‘undue influence’ over the consumer, resulting in an aggressive commercial practice prohibited under Articles 8 and 9 of the UCPD. When assessing the presence of undue influence, according to Article 9(c) one should take into account the exploitation of any specific misfortune or circumstance of such gravity as to impair the consumer's judgement, of which the trader is aware.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.