# uciążliwe i  niewywołane działaniem albo zaniechaniem konsumenta



## Matron

Hi there,

I would be very grateful for any help with this phrase... taken from Art. 9(3) of Act Combating Unfair Commercial Practices - here

Full provision relates to aggressive commercial practices (in this case direct marekting) which will be regarded as unfair in all circumstances:
"_*uciążliwe i niewywołane działaniem albo zaniechaniem konsumenta* nakłanianie do nabycia produktów przez telefon, faks, pocztę elektroniczną lub inne środki porozumiewania się na odległość, z wyjątkiem przypadków egzekwowania zobowiązań umownych, w zakresie dozwolonym przez obowiązujące przepisy_"

This provision in meaning is very close to the EU Directive upon which this Polish provision is based - *Making persistent and unwanted solicitations *by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation

However - "*Making persistent and unwanted solicitations" *is not the exact translation - I was after some help in getting it exactly right! Literally is looks like: "Oppressive and unsolicited (not resulting from the consumer’s action or omission) solicitations by telephone, fax, email or other remote media to persuade consumers to purchase goods, except, in circumstances and to the extent justified under the law, to enforce a contractual obligation...

Any help greatly appreciated

Thanks


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## Matron

Any ideas!??


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## RobertMiernik

Hi Matron,
the exact translation is correct, this is exactly the meaning of this phrase


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## Gochna

In my opinion, the word-for-word translation would be something along: "Making solicitations which are *persistent and not caused by consumer's actions or failure to act*, by telephone etc.."


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## Ben Jamin

It is strange that the Polish text is only "based on" and an exact translation of the EU directive. From a legal point of view the clause "not caused by customer's failing to act" is a trap for the consumers and a gift to the soliciting company.
It is like sending somebody a letter stating "if you don't send me a written refusal until next Friday you will owe me a 100 zloty".


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## dag.mam

"Oppressive and unsolicited (not resulting from the consumer’s action or omission) solicitations by telephone, fax, email or other remote media to persuade consumers to purchase goods, except, in circumstances and to the extent justified under the law, to enforce a contractual obligation...

Any help greatly appreciated

Thanks[/QUOTE]
That is exactly how the translation should be taking into consideration that this is legal language


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## Matron

Many thanks!!


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## Matron

I wonder if "unsolicited/ unwanted (by the consumer's actions or failure to act) solicitations..." would be clearer?


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## dag.mam

In my opinion both mean the same and the clearer phrase is not a matter of Polish then but your English preferences  ( sorry for delay. I am not a frequent user here)


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## NotNow

Annoying or intrusive would be a more appropriate translation of uciążliwe.  Oppressive is much too strong for unwanted solicitations.


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## Grzmi

NotNow said:


> Annoying or intrusive would be a more appropriate translation of uciążliwe.  Oppressive is much too strong for unwanted solicitations.


How about _obtrusive_?


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## dag.mam

I think oppressive is not too strong. Actually the exact meaning/strength of expression depends on context and in this case it is legal language that it is better to be strong. "oppressive and unwanted...) is just fine to me


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## NotNow

Grzmi said:


> How about _obtrusive_?



That's good, too.


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## Matron

really helpful! Thanks so much for your replies. Much appreciated!


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