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Understanding unconscionable conduct

Unconscionable conduct is an action taken by an individual or business against a customer or potential customer that exploits a known disadvantage of that customer.

Disadvantages may include, but are not limited to: age, mental capacity, physical capacity, financial capacity, linguistic ability and unequal bargaining power.

Unconscionable conduct includes: selling the customer unsuitable goods or services that they may not understand are unsuitable, or that they may not be able to use; using terms of sale that exploit the customer’s disadvantage, such as high interest credit terms; or placing undue pressure on the disadvantaged customer to buy.

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