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(1)A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the commencement of this Act) to another person with a view to his acquiring them [F1for the purposes of his trade or business], shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding [F2level 4 on the standard scale].
(2)A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid—
(a)threatens to bring any legal proceedings; or
(b)places or causes to be placed the name of any person 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,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F2level 5 on the standard scale].
Textual Amendments
F1Words in s. 2(1) inserted (31.10.2000) by S.I. 2000/2334, reg. 22(3)
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G