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The Black List includes the 31 â€˜exhaustive list of â€œmisleadingâ€ and â€œaggressiveâ€ practices which shallâ€™, in al circumstances, be considered as unfair and shall ban uniformly in member states. If the commercial practice can not be found in black list of Annex I, then second step is to test whether â€œcommercial practice constitute a misleading (Art 6, and Art7 UPCD) OR an aggressive practice (Art8, and Art9 UPCD) which is likely to distort the transactional decision of the average consumerâ€? If practice is not fall with the scope of Art 6 to Art9 UPCD, third step is to analysis whether commercial practice infringes the professional diligence under Article 5(1) of UPCD. In the end, if none of above three steps can found the infringement of commercial practice, it will not consider commercial practice as unfair under the UNPD. According to paragraph 14 â€œblack listâ€ of UNPD provide that misleading practice shall ban whenâ€˜ Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.â€™ In this case, â€œMoney4Uâ€ advertised its loan services by stating that anyone who registers on its website can receive 10 lev. Or 20 lev credit for introduction of friends. A commercial practice, in this case, shall be prohibited under UNPD. Next, in order to make sure this commercial practice is considered as â€œunfairâ€ under the UNPD. It is necessary to assess the second steps.
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