Chatterbox Friday

A quick Kane:

"As already mentioned, it is not unlawful for a business to offer a similar online
service to an official body. It is not illegal to provide a “reviewing and
forwarding service”, even in circumstances where the item might be obtained
free elsewhere. However, it is illegal to deliberately mislead the public and to
obtain money by fraud."

"If a consumer is misled into using a copycat website, obtaining a refund may
be difficult. The following options may be available (much would depend on
the exact circumstances of the case):
• The consumer could contact the relevant site and insist on a refund on
the basis they were misled.
• If the sum lost was over £100 and the service was paid for using a
credit card, the consumer might be able to make a claim under
section 75 of the Consumer Credit Act 1974. Under this section,
the credit card company is jointly and severally liable for any
misrepresentation by the retailer or trader. This means it is just as
responsible for the services supplied, allowing the consumer to also
put their claim to the credit card company (although they cannot
recover their losses from both).

• If the consumer paid for the online service using a debit card, it might
be worthwhile approaching their card provider to see if the sum paid
Copycat websites charging for government services

12 Commons Library Research Briefing, 30 July 2021
could be reimbursed using “chargeback”. Chargeback (also referred
to as a “payment dispute”) occurs when a cardholder (i.e consumer)
questions a transaction and asks their card-issuing bank to reverse it."


Copycat websites charging for government services