Is there a law against upselling at vulnerable moments? E.g. in a dentist chair!

ReallyFace

Hi there,

Is there anything that can be done to stop the practice of upselling when the customer is in a vulnerable position? 

I had a visit to the dentist today where after completing treatment and I'm in the chair with a numb face after three fillings, the dentist offers a upsell on my next treatment. I know it's not a super vulnerable position but surely this could have been done at the time of appointment booking? 

I'm pretty certain a huge percentage of folk agree to the extra upsell in part because of where they are at at the point of transaction. Particularly when an upsell is around a better version of the treatment you were booked in for that you only just learn about in the treatment room. 

I've had a similar experience in a vetinary surgery as a dog is about to undergo surgery for spaying. Do I want the gold version, silver or bronze? With a distressed dog in a waiting room about to go under anaesthetic it's not the best moment for a customer to make that decision. 

Is there anything that can be done to prevent this? As in making upselling options only available at the point of booking and not springing them as surprises. And what steps would need to be taken to try and do so? 

Thanks and please share any similar experiences you might have had. I expect this occurs in care and medical contexts also.





 

eskbanker

I can understand the view that it's distasteful for some practitioners to act like that, but don't believe it's unlawful and can't see how it could realistically become so....

Edit: while it seems unlikely to be covered or addressed by generic consumer legislation, you may find that the specific supervisory authorities for dentists and vets have some form of code of conduct and complaints processes, which might offer some sort of protection or even redress?

saajan_12

A contract isn't valid if one party does not have the capacity to agree, and I'd imagine being anesthetized and semi conscious would fall into that. Its questionable whether localised numbing would fall into that. 

As for more mental or emotional stress, that's much harder to demonstrate and I don't know of any cases where that's actually been taken into account, but happy to be corrected. 

ReallyFace

Thanks @eskbanker and @saajan_12

I will look into code of conducts but I expect for those areas it's just how it is. Leaves a metallic taste in the mouth mind!

Mark_d

The way to prevent this is to be clear that you'll "think about it later".  I used to have a dentist who was always trying to sell cosmetic dentistry....so I just went to another dentist.

LightFlare

saajan_12 said:

A contract isn't valid if one party does not have the capacity to agree, and I'd imagine being anesthetized and semi conscious would fall into that. Its questionable whether localised numbing would fall into that. 

As for more mental or emotional stress, that's much harder to demonstrate and I don't know of any cases where that's actually been taken into account, but happy to be corrected. 

I would be more concerned about the dentist if this was true for just 3 fillings

Aylesbury_Duck

ReallyFace said:

Hi there,

Is there anything that can be done to stop the practice of upselling when the customer is in a vulnerable position? 

I had a visit to the dentist today where after completing treatment and I'm in the chair with a numb face after three fillings, the dentist offers a upsell on my next treatment. I know it's not a super vulnerable position but surely this could have been done at the time of appointment booking? 

I'm pretty certain a huge percentage of folk agree to the extra upsell in part because of where they are at at the point of transaction. Particularly when an upsell is around a better version of the treatment you were booked in for that you only just learn about in the treatment room. 

I've had a similar experience in a vetinary surgery as a dog is about to undergo surgery for spaying. Do I want the gold version, silver or bronze? With a distressed dog in a waiting room about to go under anaesthetic it's not the best moment for a customer to make that decision. 

Is there anything that can be done to prevent this? As in making upselling options only available at the point of booking and not springing them as surprises. And what steps would need to be taken to try and do so? 

Thanks and please share any similar experiences you might have had. I expect this occurs in care and medical contexts also.





 

I'm sure that lots could be done, but is it really necessary to add a whole load of new regulation that will simply add cost and therefore to the price paid for by consumers?  The solution is for people to simply tell the business they want to make a decision in their own time.  It's no different in that sense than it is for the situation when faced with glazing salesmen, door-knocking roofers and driveway people to give three examples.  

For the two examples you've given, I'd look into whether the practices have some sort of code of conduct and whether they've breached it.  If they haven't got that, look to see if there are competitors that have.

Hoenir

Would you be prepared to pay for the dentists time while they stand around chatting to you being non productive? 

TELLIT01

I sympathise with the experience at the dentist.  Thankfully the particular dentist has now left the practice but that individual would always try to sell you something.  At various times I was told that the toothpaste/toothbrush they sold was far better than the one I use.  A course of teeth whitening recommended - I'm wrong side of 70 and am just happy to still have most of my own teeth.

RefluentBeans

Hoenir said:

Would you be prepared to pay for the dentists time while they stand around chatting to you being non productive? 

What a terrible take. If the dentist is wanting to make money by upselling then they should accept the ‘loss’ of productive time by trying to upsell? I don’t pay for the time of a salesperson in a shop who is trying to upsell me so why would I pay for the time of a dentist who is trying to upsell me. 

It’s the risk that business owners take when upselling - not every chat is going to result in a sale. But when it doesn’t you can’t then ask for £20 to cover the time that spent trying to sell you. 

sheramber

RefluentBeans said:

Hoenir said:

Would you be prepared to pay for the dentists time while they stand around chatting to you being non productive? 

What a terrible take. If the dentist is wanting to make money by upselling then they should accept the ‘loss’ of productive time by trying to upsell? I don’t pay for the time of a salesperson in a shop who is trying to upsell me so why would I pay for the time of a dentist who is trying to upsell me. 

It’s the risk that business owners take when upselling - not every chat is going to result in a sale. But when it doesn’t you can’t then ask for £20 to cover the time that spent trying to sell you. 

 I don’t pay for the time of a salesperson in a shop who is trying to upsell me 

The retailer pays for the time the sales assistant is dealing with you and the cost is passed on in the prices. So, indirectly, you do pay