Telesales receive a cold call

A local authority in the North of England has been successful in obtaining an injunction against a telesales company for its continued use of misleading advertising as part of its selling tactic to other traders.

Following complaints the local authority obtained a contractual undertaking from the telesales company to cease any advertising or selling practices, which were in breach of the Regulations.  Despite this, the local authority were left with no alternative other than to seek an injunction preventing the company from continuing any unlawful advertising, relying on section 221(1) of the Local Government Act 1972, which allows local authorities to prosecute, defend or appear in legal proceedings where it considers it to be expedient for the promotion or protection of the interests of the inhabitants in its area.

Whilst the company argued they had moved outside of the local authority’s constituency, the Judge disagreed highlighting that this particular section of the Act may allow local authorities to take action outside of its area, where a breach impacts the interests of its residents.