French Consumer Code
In forceA commercial practice is aggressive when, as a result of repeated and insistent solicitations or the use of physical or moral coercion, and taking into account the surrounding circumstances:
1° It significantly alters or is likely to alter a consumer's freedom of choice;
2° It vitiates or is likely to vitiate a consumer's consent;
3° It hinders the exercise of a consumer's contractual rights.
In order to determine whether a commercial practice uses harassment, coercion, including physical force, or undue influence, the following elements shall be taken into consideration:
1° The time and place at which the practice is carried out, its nature and persistence;
2° The use of physical or verbal threats;
3° The exploitation by the trader, with full knowledge of the facts, of any misfortune or particular circumstance of such gravity as to impair the consumer's judgement, with a view to influencing the consumer's decision with regard to the product;
4° Any significant or disproportionate non-contractual obstacle imposed by the trader when the consumer wishes to assert his contractual rights, and in particular the right to terminate the contract or to change product or supplier;
5° Any threat of action when such action is not legally possible.
Article L121-6
French Consumer CodeIn force
Updated 8 Nov 2023
