This section of regulation is the Irish enactment (Statutory instrument) of European lead legislation.
UNSOLICITED FINANCIAL SERVICES AND COMMUNICATIONS
Offence to provide unsolicited financial services to consumers
19. (1) A supplier who, having no reasonable cause to believe that there is a right
to payment, in the course of carrying on a business makes a demand for payment, or
asserts a present or prospective right to payment, for what the supplier knows to be an
unsolicited financial service supplied to a consumer commits an offence.
(2) A supplier who, having no reasonable cause to believe there is a right to
payment, in the course of any business and with a view to obtaining payment for what
the supplier knows to be an unsolicited financial service supplied to a consumer―
(a) threatens to bring legal proceedings, or
(b) places, or causes to be placed, the name of the consumer on a list of
defaulters or debtors, or threatens to do so, or
(c) invokes, or causes to be invoked, any other collection procedure, or
threatens to do so,
commits an offence.
(3) A consumer to whom an unsolicited financial service is supplied is under
no obligation to pay for the service, unless the consumer has, either in writing or in
some other durable medium, notified the supplier that the consumer is willing to be
supplied with the service.
(4) In this Regulation, “unsolicited financial service”, in relation to a
consumer, means a financial service supplied otherwise than at the request of the
consumer, but does not include a financial service so supplied if the service is
supplied under a renewal of an existing contract that is in the economic interests of the
Offences by suppliers relating to communicating with consumers with respect to
supply of consumer financial services
20. (1) A supplier shall not communicate with a consumer by means of―
(a) an automated calling system without human intervention, or
(b) a facsimile machine,
with a view to supplying a financial service to the consumer, unless the supplier has
previously obtained the consumer’s consent to the use of that means of
(2) In advertising a financial service that is proposed to be supplied under a
distance contract, or in communicating with a consumer in relation to the supply or a
proposed supply of a financial service, a supplier shall comply with all codes made,
and all directions given, by a competent authority in so far as those codes or directions
impose standards on suppliers with respect to―
(a) advertising financial services, or
(b) communicating with consumers or potential consumers of those
(c) protecting minors or other persons whose capacity to enter into
contracts is limited.
(3) In communicating with a consumer with a view to supplying a financial
service to the consumer, a supplier shall not use a means of distance communication
other than one referred to in paragraph (1), unless―
(a) the supplier has obtained the consumer’s consent to the use of that
(b) the consumer has not manifested to the supplier an express objection
to the use of that means.
(4) A supplier shall not impose on a consumer any charge that has the effect of
transferring to the consumer the cost of complying with this Regulation.
(5) A supplier who contravenes paragraph (1), (3) or (4), or fails to comply
with paragraph (2), commits an offence.