Part 4: Consumer rights and disputes Prohibition of unfair commercial practices Section 228: Aggressive practices
This section defines commercial practices that are aggressive practices, which can involve behaviour before a contract or purchase is made (if any) but can also occur after a transaction has taken place.
	For a commercial practice to be an aggressive practice, it must meet two conditions: first, the practice uses harassment, coercion or undue influence (as defined), and second, it is likely to cause the average consumer to take a transactional decision they would not otherwise have taken. Transactional decision is a broad concept covering both pre-purchase and post-purchasing decisions and includes decisions whether to do something, or not to do something. For example, it includes decisions whether to visit a shop, to click through a website, to exercise a cancellation right or to pay a debt as well as a decision to purchase a product or to enter a contract.
	Subsection (2) lists the factors that must be considered in determining whether a commercial practice uses harassment, coercion or undue influence.
	Subsection (3), paragraph (a) also clarifies that coercion includes physical force.
	Subsection (3) provides more detail on the use of coercion and defines the meaning of "undue influence." In relation to undue influence, there are numerous circumstances where a trader may be in a position of power, for example this may arise because of the trader’s expertise regarding a product or as a result of the particular circumstances of the consumer, for example if the consumer is indebted to the trader or otherwise is in a vulnerable position. The application of pressure in a way which significantly limits the consumer’s ability to make an informed decision can also arise in numerous circumstances. For example, where a consumer is informed that if they do not sign a contract immediately any subsequent contract entered into with the trader would be on less favourable terms.