GLOSSARY
Average consumer definition
What does Average consumer mean?
Except for the banned practices which are unfair in all circumstances, whether a commercial practice is unfair will be judged by reference to its effect on the ‘average consumer’. There is therefore no requirement to show evidence of actual consumers being affected by the unfair commercial practice.
The relevant ‘average consumer’ against which the practice will be judged is defined in the CPUTR 2008 by reference to the type of consumer the practice reaches or affects. There are three types of ‘average consumer’:
• the ordinary average consumer, who is reasonably well informed, reasonably observant and circumspect
• the average member of a targeted group of consumers—this is relevant where a commercial practice is directed to a particular group of consumers. Indications that a particular group is targeted may include:
? the placement of advertising
? the language used
? the nature of the product, and
? the context
• the average member of a vulnerable group of consumers, where:
? a clearly identifiable group of consumers is particularly vulnerable to the practice or to the underlying product because of
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