Consumer Information Act, 1978

False or misleading statements as to services, etc.

6.—(1) If a person, in the course or for the purposes of a trade, business or profession—

(a) makes a statement which he knows to be false, or

(b) recklessly makes a statement which is false

as to any of the following matters, that is to say—

(i) the provision in the course of the trade, business or profession of any services, accommodation or facilities,

(ii) the nature, effect or fitness for purpose of any services, accommodation or facilities provided in the course of the trade, business or profession,

(iii) the time at which, manner in which or persons by whom any services, accommodation or facilities are so provided,

(iv) the examination, approval, use or evaluation by any person of any services, accommodation or facilities so provided, or

(v) the place where any service, facility or accommodation is so provided or the amenities of any such accommodation,

he shall be guilty of an offence.

(2) For the purposes of this section—

(a) anything (whether or not a statement as to any of the matters specified in the preceding subsection) likely to be taken for such a statement as to any of those matters as would be false shall be deemed to be a false statement as to that matter; and

(b) a statement made regardless of whether it is true or false shall be deemed to be made recklessly, unless the person making it had adequate reasons for believing that it was true.

(3) In relation to any services consisting of or including the application of any treatment or process or the carrying out of any repair, the matters specified in subsection (1) of this section shall be taken to include the effect of the treatment, process or repair.

(4) In this section “false” means false to a material degree.