The 2nd Offence: Misleading Omissions

Forward
Email this page

Offence Explanation

The requirement that the specialized gel costing as much as HK$1,000 must be purchased separately in order for the laser hair removal treatment at the beauty salon to be conducted was not mentioned on the group-purchasing website. As a result, it causes or is likely to cause the average consumer to make a transactional decision that the consumer would not have made otherwise (i.e. the decision to purchase the laser hair removal service at the price of HK$500). The group-purchasing website or the beauty salon may have committed the offence of misleading omissions.
 
Besides, the beauty salon staff did not mention the requirement of further paying HK$1,000 to buy the specialized gel when Mommy Onion presented the group-purchase receipt. The staff did so only after Mommy Onion had taken off her clothes and was about to undergo the treatment. This is considered to be providing material information in an untimely manner which causes or is likely to cause the average consumer to make a transactional decision that the consumer would not have made otherwise (i.e. the decision to pay an extra HK$1,000 to purchase the specialized gel). Therefore, the beauty salon may have committed the offence of misleading omissions.
 

Reminder to Consumer

Wise Tips

  1. Consumers should pay close attention to the scope of service and all related terms and conditions before making any transactional decisions.
  2. If consumers have any question about the goods or services, they should inquire with the trader immediately. They should know the scope of service, charging policy and terms of use relating to the service, especially any restrictions on usage, additional charge etc.

 

Access to Redress

  1. To lodge a complaint, as the case may be, with the following organizations:
    1. Customs and Excise Department
    2. Office of the Communications Authority (On broadcasting and telecommunications services)
    3. Consumer Council
  2. If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
    1. If the claim does not exceed $50,000: Small Claims Tribunal
    2. If the claim exceeds $50,000, but does not exceed $1,000,000: District Court
    3. If the claim exceeds $1,000,000: Court of First Instance of the High Court
    Besides, as the case may be, you may seek legal advice and/or assistance from:
    1. Professional lawyers
    2. Resource Centre for Unrepresented Litigants
    3. Free Legal Advice Scheme offered by the Duty Lawyer Service
    4. Apply for Legal Aid Schemes from the Legal Aid Department
    5. Apply for the Consumer Legal Action Fund of the Consumer Council