On 26 May 2008 the Fraudulent Mediums Act of 1951 — the British law that replaced the Witchcraft Act of 1735 — was replaced by an act called Consumer Protection from Unfair Trading Regulations of 2007.

People who enjoy certain sales claims and practices of feng shui (real and McFengshui) should pay close attention, because this could affect you.

Under the outgoing legislation, the prosecution had to prove that a medium or spiritual healer had intended to be fraudulent in order to secure a conviction. But under the new European consumer protection directive, it will be the psychic’s responsibility to prove they did not mislead or coerce credulous consumers. (Telegraph.co.uk)

Basically the change in the law means that if someone pays for a Tarot reading, a psychic reading, some kind of spiritual healing, or a feng shui service and the customer complains about the experience, the practitioner could be investigated and even prosecuted.

Anyone taking money or accepting “gifts” in exchange for a service is bound by the new regulations.

Promises to raise the dead, secure good fortune or heal through the laying on of hands are all at risk of legal action from disgruntled customers. … there will now be nothing between the [practitioner] and the trading standards officer — and no need to prove fraud. Instead it will be up to the [practitioner] … to prove they did not mislead, coerce or take advantage of any “vulnerable” consumers. … A legal specialist said: ‘Now there is no difference between a psychic and a double-glazing salesman in law.’

— Caroline Davies: “Psychic Crackdown in the Cards,” The Observer April 6, 2008

Fortune tellers and feng shui practitioners in the UK can issue disclaimers and tell their clients that readings are “for entertainment only,” but a disclaimer is not legal immunity.

It is much more enlightened and open-minded for psychics and feng shui people to be treated no different than a seller of used cars or aluminum siding, and to face the same penalties for bad business practices. This is what FSUR has been championing all these years.

But that doesn’t mean the professionals are happy about the change.

If someone sells you something and it doesn’t live up to the claims they made for it, you should be able to sue them, right? … Not so, says the Spiritual Workers Association …

— New Scientist: “Short, Sharp Science” 18 April 2008

Perhaps, as the Spiritual Workers Association says, they can rely on their spiritual beliefs as a legal defense — an irrational notion, and not likely to work in court. And it is not a defense if a disclaimer is incoherent (like this one from a company in California):

Taking the consultation with an open heart fully to the Feng Shui as well as to the ‘spirituality’ is very essential because it is the spirituality where the cornerstone for your success and result rests every thing cannot be just achieved physically.

Perhaps people should simply learn how to run an ethical business.