Consumer Protection and Unfair Commercial Practices: Consumer Rights and Enforcement

Consumer Protection and Unfair Commercial Practices: Consumer Rights and Enforcement

Introduction

Consumer protection is a fundamental component of modern commercial law. It establishes the legal framework governing transactions between businesses and individuals acting for purposes outside their trade, business, craft, or profession. Its central purpose is to address the structural imbalance that frequently exists between professional suppliers and individual consumers, particularly where businesses possess greater information, bargaining power, and control over contractual terms and commercial practices.

In England and Wales, consumer protection operates through a combination of statutory rights, contractual remedies, regulatory supervision, and enforcement mechanisms. The legal framework seeks to ensure that consumers receive goods and services that meet legally required standards, obtain accurate information before entering transactions, are protected against misleading or aggressive commercial conduct, and have effective remedies when businesses fail to fulfil their obligations.

Consumer protection is not confined to the moment when a contract is concluded. It extends throughout the commercial relationship, from advertising and pre-contractual representations to delivery, performance, cancellation, complaints, and the resolution of disputes.

The principal legislation includes the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection Act 1987, and the Digital Markets, Competition and Consumers Act 2024.

The latter legislation introduced particularly significant reforms to the regulation of unfair commercial practices. Its consumer protection provisions governing unfair commercial practices came into force on 6 April 2025, replacing the principal unfair commercial practices regime previously contained in the Consumer Protection from Unfair Trading Regulations 2008.

The modern framework combines individual consumer rights with public enforcement. Consumers may pursue contractual remedies against businesses, while regulatory authorities, particularly the Competition and Markets Authority (CMA) and local authority Trading Standards services, have powers to investigate and address unlawful commercial conduct.

Understanding this area of law requires examining both sides of the regulatory relationship: the rights enjoyed by consumers and the obligations imposed on businesses.

1. The Legal Concept of a Consumer

The definition of a consumer is fundamental because many statutory protections apply only where a person acts in a particular capacity.

Section 2(3) of the Consumer Rights Act 2015 defines a consumer as an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession.

The definition focuses on the purpose for which the individual enters the transaction rather than simply the nature of the goods or services purchased.

For example, an individual purchasing a laptop for personal use ordinarily acts as a consumer. The same individual purchasing equipment exclusively for a professional business may not qualify as a consumer in that transaction.

The distinction can become more complicated where goods or services serve both personal and professional purposes.

The statutory expression wholly or mainly outside the individual’s business or professional activities means that mixed-purpose transactions may still qualify for consumer protection where the predominant purpose is personal.

The classification is important because consumer legislation frequently provides rights that cannot be excluded through ordinary contractual agreement.

Consumer and trader

The Consumer Rights Act 2015 also defines the trader.

Under section 2(2), a trader is a person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

The concept may include:

• Companies selling goods to individuals.
• Professional service providers.
• Online retailers.
• Commercial landlords and other suppliers where the relevant statutory provisions apply.
• Businesses offering digital content or digital services.
• Individuals conducting commercial activities in a professional capacity.

The definition is functional rather than dependent exclusively on formal business registration.

A person cannot necessarily avoid consumer protection obligations simply by operating without a registered company or describing commercial activity as private selling.

Nevertheless, genuinely private transactions between individuals are generally treated differently from transactions between traders and consumers.

Consumer transactions

Consumer protection legislation covers several categories of transactions.

The Consumer Rights Act 2015 establishes distinct rules for contracts involving goods, digital content, and services.

Other legislation regulates distance contracts, off-premises contracts, product safety, misleading advertising, and unfair commercial practices.

The applicable legal protection therefore depends on the nature of the transaction and the conduct involved.

2. The Consumer Rights Act 2015

The Consumer Rights Act 2015 is the central legislative instrument governing contractual rights in consumer transactions.

It consolidated and modernised important areas of consumer contract law, bringing together provisions concerning goods, digital content, services, and unfair contractual terms.

The Act recognises that consumers frequently enter standard-form contracts without negotiating their individual provisions. It therefore establishes mandatory standards and remedies designed to prevent businesses from transferring excessive commercial risk to consumers.

Its principal contractual protections concern three categories:

1. Contracts for the supply of goods.
2. Contracts for the supply of digital content.
3. Contracts for the supply of services.

Each category has its own statutory requirements and remedies.

3. Consumer Rights in Contracts for the Supply of Goods

Part 1, Chapter 2 of the Consumer Rights Act 2015 governs contracts for the supply of goods.

The legislation establishes several important implied terms that apply automatically to qualifying consumer contracts.

These terms are legally binding even where the written contract does not expressly reproduce them.

Satisfactory quality

Section 9 requires goods to be of satisfactory quality.

The assessment is objective and considers what a reasonable person would regard as satisfactory, taking account of the description of the goods, their price, and other relevant circumstances.

Quality includes matters such as:

• Fitness for the ordinary purposes for which goods of that kind are supplied.
• Appearance and finish.
• Freedom from minor defects.
• Safety.
• Durability.

The standard does not require every product to be perfect.

For example, a relatively inexpensive second-hand vehicle is not necessarily expected to have the same condition as a new luxury vehicle.

However, the reasonable expectations of the consumer must be considered in light of the relevant circumstances.

A defect that would be unacceptable in a newly manufactured appliance may be understandable in an older second-hand product, depending on what was disclosed and agreed.

Fitness for a particular purpose

Section 10 requires goods to be reasonably fit for a particular purpose made known by the consumer to the trader.

This protection applies where the consumer makes the intended purpose known, expressly or by implication, and relies on the trader’s skill or judgment.

For example, an individual purchasing specialised equipment may explain that it must operate in a particular technical environment.

If the trader recommends a product for that purpose and it proves unsuitable, the statutory requirement may have been breached.

The protection is particularly important in transactions where consumers depend on professional knowledge that they do not possess themselves.

Goods must correspond with their description

Section 11 requires goods supplied by description to correspond with that description.

A trader cannot avoid this obligation merely because the consumer has inspected the goods or examined a sample.

Where a product is advertised as having particular characteristics, those characteristics may form part of the contractual description.

For example, a consumer purchasing a waterproof outdoor jacket may have a claim if the product does not possess the advertised waterproof properties.

The relevant question is whether the goods correspond with the description that formed part of the contract.

Goods supplied by sample or model

Sections 13 and 14 establish additional requirements concerning goods supplied by reference to a sample or model.

Where a contract is made by reference to a sample, the goods must correspond with the sample, subject to the statutory provisions.

Where a contract is made by reference to a model, the goods must correspond with the model in the relevant respects.

These protections are particularly important in retail transactions involving furniture, building materials, textiles, and other products where the consumer selects goods based on a representative example.

Installation of goods

Section 15 addresses situations in which the trader is responsible for installing the goods.

Where installation is part of the contract, incorrect installation may result in the goods failing to conform to the contract.

For example, a consumer purchasing a fitted kitchen may have rights where the installation is performed incorrectly and the completed installation fails to meet the contractual requirements.

The legislation recognises that the consumer’s rights may concern not only the physical product but also the way in which it is supplied and installed.

4. Statutory Remedies for Defective Goods

The Consumer Rights Act 2015 does not merely establish standards of quality. It also provides consumers with a structured system of remedies where goods fail to conform to the contract.

Sections 19–24 establish the principal remedies available to consumers.

The short-term right to reject

Section 20 provides a short-term right to reject goods that do not conform to the contract.

The ordinary period for exercising this right is 30 days from the relevant date, generally the date on which ownership or possession of the goods transfers, subject to the statutory rules concerning delivery and installation.

Where the consumer exercises the right validly, the trader must provide a refund.

The short-term right to reject is particularly important because it allows a consumer to terminate the contract without first having to accept repeated repair attempts.

For example, an individual purchases a new washing machine that fails to operate correctly shortly after delivery. If the defect means that the machine does not conform to the contract, the consumer may reject it within the statutory period and request a refund.

Certain special rules apply to perishable goods and goods requiring installation.

The right to repair or replacement

After the short-term rejection period has expired, the consumer will generally be entitled to require the trader to repair or replace defective goods under section 23.

The trader must carry out the repair or replacement:

• Within a reasonable time.
• Without significant inconvenience to the consumer.
• At the trader’s necessary expense.

The consumer cannot ordinarily insist on a particular remedy where that remedy is impossible or disproportionate compared with the alternative.

The statutory framework therefore balances consumer protection against the practical and economic circumstances of providing a remedy.

The final right to reject and price reduction

Where repair or replacement is impossible, unsuccessful, or not provided within a reasonable time and without significant inconvenience, the consumer may become entitled to a price reduction or the final right to reject under section 24.

The final right to reject allows the consumer to terminate the contract and obtain a refund.

For most goods, the trader may make a deduction for the use the consumer has had from the goods, although special rules apply to motor vehicles during the first six months.

The consumer’s rights are therefore not exhausted merely because the trader has attempted to repair the product.

The burden of proof

Section 19 establishes an important evidential presumption.

Where goods fail to conform to the contract within six months beginning with the day on which delivery took place, the failure is generally presumed to have existed at the time of delivery.

The trader must rebut that presumption where the statutory conditions apply.

This rule recognises that consumers are often unable to establish the precise technical cause of a defect.

However, the presumption does not apply where it is incompatible with the nature of the goods or the nature of the particular lack of conformity.

The six-month rule is an evidential protection and should not be confused with the limitation period for bringing a contractual claim.

5. Consumer Rights in Digital Content Contracts

The increasing importance of software, applications, games, subscriptions, and other electronically supplied products required consumer law to move beyond the traditional distinction between goods and services.

The Consumer Rights Act 2015 therefore establishes a separate statutory framework for digital content.

Section 2(9) defines digital content as data produced and supplied in digital form.

Examples include:

• Downloaded software.
• Computer games.
• E-books.
• Digital music.
• Downloadable films.
• Mobile applications.
• Certain digitally supplied educational materials.

The legislation also covers qualifying digital content supplied as part of a wider contract involving goods or services.

Quality, fitness, and description

Sections 34–36 establish three principal requirements.

Digital content must be of satisfactory quality, fit for a particular purpose made known to the trader, and as described.

These requirements resemble those governing physical goods but take account of the distinctive characteristics of digital products.

For example, software that repeatedly crashes, contains serious functional defects, or lacks advertised features may fail to conform to the contract.

A digital product may also be defective because it does not operate on the device or system for which the trader represented it as suitable.

The right to repair or replacement

Section 43 provides a right to repair or replacement where digital content fails to meet the statutory requirements.

The trader must provide the remedy within a reasonable time and without significant inconvenience to the consumer.

Where repair or replacement is impossible or cannot be provided appropriately, section 44 provides for a price reduction.

Depending on the circumstances, the reduction may amount to the full price.

Damage caused by digital content

Section 46 addresses damage caused by digital content to a device or other digital content belonging to the consumer.

Where the damage would not have occurred if the trader had exercised reasonable care and skill, the consumer may require the trader to repair the damage or provide appropriate compensation.

This provision is particularly relevant to software that damages files, compromises the functioning of a device, or interferes with other digital applications.

Digital content supplied without a separate payment

The legislation recognises that digital content is not always supplied through a conventional purchase.

Section 33 extends certain protections to digital content supplied free of charge where it is provided together with goods, services, or other digital content for which the consumer pays, subject to the statutory conditions.

This is important in commercial models where digital functionality forms part of a wider paid product.

For example, a consumer purchasing a connected household device may also receive software necessary for its operation.

The absence of a separately identified software price does not necessarily remove the statutory protection.

6. Consumer Rights in Contracts for Services

Part 1, Chapter 4 of the Consumer Rights Act 2015 governs contracts for services.

It covers a broad range of commercial activities, including professional services, repairs, maintenance, construction work, education-related services, cleaning, and other forms of paid service provision.

The central statutory requirements concern reasonable care and skill, information supplied by the trader, and the timing and price of performance.

Reasonable care and skill

Section 49 requires a trader to perform a service with reasonable care and skill.

This is one of the most important statutory protections in service contracts.

The standard is assessed objectively by reference to the nature of the service and the circumstances in which it is provided.

A professional service provider is expected to exercise the degree of competence reasonably required for that type of work.

For example, a consumer employing a qualified electrician to install electrical equipment may have a claim where the installation is carried out negligently.

The trader cannot avoid the statutory obligation simply by including a general contractual statement that the service is supplied without any guarantee of quality.

Information about the trader or service

Section 50 provides that certain information about the trader or service becomes binding where it is taken into account by the consumer when deciding to enter the contract or make a decision about the service after entering it.

This may include statements concerning:

• The principal characteristics of the service.
• The trader’s experience or qualifications.
• The expected outcome.
• The estimated duration.
• The method of performance.

The provision is particularly important in situations where a consumer relies on a trader’s representations when selecting a service provider.

For example, a company advertising a specialist repair service may represent that its technicians possess particular qualifications and that a specific repair method will be used.

Where those statements form part of the information taken into account by the consumer, they may become binding contractual terms.

Reasonable price

Section 51 applies where the contract does not determine the price or a method for calculating it.

In such circumstances, the consumer is required to pay a reasonable price.

The assessment depends on the nature of the service and the relevant commercial circumstances.

A trader cannot necessarily demand an arbitrary amount simply because the original agreement did not specify a precise figure.

Reasonable time for performance

Section 52 establishes that where the contract does not specify a time for performing the service, the trader must perform it within a reasonable time.

The reasonableness of the period depends on the circumstances, including the complexity of the work, the expectations created by the trader, and the practical requirements of the transaction.

Remedies for defective services

Where a trader breaches the statutory requirements governing services, section 54 establishes the principal remedies.

The consumer may be entitled to require repeat performance or a price reduction.

Under section 55, the trader must provide repeat performance within a reasonable time and without significant inconvenience to the consumer.

The trader must also bear the necessary costs.

Where repeat performance is impossible or the trader fails to provide it appropriately, section 56 provides a right to a price reduction.

The reduction may be as much as the full amount paid or payable under the contract, depending on the circumstances.

These remedies operate alongside other remedies available under general contract law, including damages where the legal requirements are satisfied.

7. Unfair Contract Terms and Consumer Protection

Consumer protection extends beyond the quality of goods and services. It also regulates the contractual terms imposed by businesses.

Many consumer contracts are prepared in advance by traders and offered on a take-it-or-leave-it basis.

Consumers may have little opportunity to negotiate individual provisions, particularly when purchasing products online or entering subscription agreements.

The Consumer Rights Act 2015 addresses this imbalance through provisions regulating unfair terms.

The general test of fairness

Section 62 establishes the general test.

A contractual term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

The assessment considers the nature of the subject matter, the circumstances existing when the contract was concluded, and the other terms of the contract.

The concept of good faith involves fair and open dealing.

A trader should not exploit a consumer’s lack of knowledge or bargaining power through contractual provisions that create unjustified advantages.

Terms that may be unfair

Examples of potentially unfair contractual provisions include:

• Terms allowing the trader to change the price without a valid and transparent justification.
• Excessive cancellation charges.
• Disproportionate financial penalties for minor breaches.
• Clauses excluding liability for serious contractual failures.
• Terms allowing the trader to terminate the contract without equivalent rights for the consumer.
• Restrictions that make it unnecessarily difficult to exercise statutory rights.
• Automatic renewal provisions that operate without adequate transparency.

The assessment is contextual. A term is not automatically unfair merely because it favours the trader.

Its legal effect must be considered in relation to the statutory fairness test.

The indicative list of unfair terms

Schedule 2 of the Consumer Rights Act 2015 contains an indicative and non-exhaustive list of terms that may be regarded as unfair.

It includes provisions concerning disproportionate compensation, unilateral variation, restrictions on legal remedies, and automatic extensions of contracts.

The list assists courts and regulators but does not replace the general fairness assessment.

Transparency and prominence

Section 68 requires written consumer contract terms to be transparent.

A term is transparent where it is expressed in plain and intelligible language and, where written, is legible.

Section 64 provides an important qualification concerning the assessment of certain terms defining the main subject matter of the contract or the adequacy of the price.

Such terms are exempt from the fairness assessment only where they are both transparent and prominent.

Prominence requires that the term be brought to the consumer’s attention in a way that an average consumer would be aware of it.

A trader cannot necessarily protect an obscure or unexpected price provision merely by placing it somewhere within lengthy standard contractual documentation.

Consequences of unfair terms

Under section 67, an unfair term is not binding on the consumer.

The remainder of the contract continues to bind the parties if it is capable of continuing without the unfair term.

The consumer may therefore remain entitled to receive the goods or services under the rest of the agreement without being bound by the offending provision.

The statutory framework also gives public enforcement authorities powers to address the use of unfair terms in consumer contracts.

This allows consumer protection to operate beyond individual disputes.

8. Distance Selling and Off-Premises Consumer Contracts

The development of online commerce and remote transactions has created additional risks for consumers.

Individuals frequently purchase products without physically inspecting them or dealing directly with the trader.

They may also enter contracts following unsolicited sales visits, telephone approaches, or other commercial interactions away from the trader’s business premises.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 establish specific protections for these transactions.

The regulations distinguish between distance contracts and off-premises contracts.

Distance contracts

A distance contract is generally concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and consumer, using one or more means of distance communication.

Examples include:

• Online purchases.
• Telephone sales.
• Transactions concluded through email.
• Orders placed through digital platforms.
• Certain transactions concluded through postal correspondence.

The important characteristic is that the contract is concluded without the parties being physically present together.

Off-premises contracts

An off-premises contract is generally concluded in the simultaneous physical presence of the trader and consumer somewhere other than the trader’s business premises.

It may also include circumstances in which the consumer makes an offer under those conditions or enters the contract shortly after being personally approached away from the trader’s premises.

The purpose is to protect consumers who may be particularly vulnerable to pressure or unexpected sales approaches.

Pre-contractual information

The regulations require traders to provide specified information before the consumer becomes bound by the contract.

Depending on the transaction, this may include:

• The main characteristics of the goods or services.
• The identity and contact details of the trader.
• The total price, including applicable taxes.
• Delivery arrangements.
• Payment methods.
• The duration of the contract.
• Conditions for termination.
• Information concerning cancellation rights.

The information must be provided in an appropriate form and within the time prescribed by the regulations.

For online transactions, the consumer must receive clear information about the main characteristics of the product and the total price before placing the order.

The trader must also ensure that the consumer expressly acknowledges the obligation to pay where the order process involves a payment obligation.

The 14-day cancellation right

One of the most important protections is the statutory cancellation right.

For most qualifying distance and off-premises contracts, consumers have 14 days to cancel without providing a reason.

For sales contracts, the period generally runs from the day on which the consumer, or a person indicated by the consumer other than the carrier, acquires physical possession of the goods.

For services and digital content, different commencement rules apply.

Where the required cancellation information has not been provided, the cancellation period may be extended by up to 12 months beyond the original period, subject to the statutory rules.

Exceptions to cancellation rights

The cancellation right is not universal.

The regulations contain exceptions for certain transactions, including:

• Goods made to the consumer’s specifications or clearly personalised.
• Perishable goods.
• Certain sealed goods that are unsuitable for return for health protection or hygiene reasons once unsealed.
• Certain sealed audio or video recordings and computer software once unsealed.
• Accommodation, transport, car rental, catering, and leisure services provided on specified dates or during specified periods.
• Certain digital content supplied immediately after the consumer has given the required express consent and acknowledgement.

These exceptions recognise that unrestricted cancellation would be commercially inappropriate for certain products and services.

Refunds following cancellation

Where a consumer validly cancels a qualifying contract, the trader must generally refund the payments received, including standard delivery costs where applicable.

The refund must ordinarily be made within 14 days of receiving the returned goods or evidence that they have been sent back, whichever occurs first.

For services and certain digital content, separate statutory rules apply.

Where a consumer expressly requests that a service begins during the cancellation period, the consumer may be required to pay a proportionate amount for the service provided before cancellation, subject to the regulations.

The distinction between cancellation rights and remedies for defective goods is important.

The 14-day cancellation right generally allows a consumer to withdraw from a qualifying distance or off-premises contract without proving that the trader breached the agreement. By contrast, the Consumer Rights Act remedies concern failure to satisfy contractual obligations.

9. Unfair Commercial Practices Under the Digital Markets, Competition and Consumers Act 2024

The Digital Markets, Competition and Consumers Act 2024 introduced a modernised statutory regime for protecting consumers against unfair commercial practices.

Its consumer protection provisions in Part 4, Chapter 1 came into force on 6 April 2025.

The regime replaced the Consumer Protection from Unfair Trading Regulations 2008 as the principal framework governing unfair commercial practices.

The new legislation preserves much of the previous law while clarifying and strengthening certain prohibitions, particularly concerning online commercial practices.

Section 225 prohibits unfair commercial practices.

Sections 226–230 provide further detail concerning the principal forms of unfairness.

These include practices that are misleading, aggressive, omit material information, or fail to comply with the requirements of professional diligence.

The legislation applies to commercial practices connected with the promotion or supply of products to consumers.

The statutory concept of a product is broad enough to encompass goods, services, and digital content.

Professional diligence

The requirement of professional diligence concerns the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers, measured against honest market practice and the general principle of good faith in the trader’s field of activity.

A commercial practice may be unfair where it falls below this standard and materially distorts, or is likely materially to distort, the economic behaviour of the average consumer.

The concept is important because consumer protection does not depend exclusively on whether a trader has made a specific false statement.

A business may act unfairly through the overall design of its commercial practices, even where individual statements are technically accurate.

For example, an online retailer might present an apparently attractive offer while concealing significant restrictions that make the offer substantially less advantageous than consumers would reasonably expect.

Misleading actions

Section 227 addresses misleading actions.

A commercial practice may be misleading where it contains false information or presents information in a way that deceives or is likely to deceive the average consumer, even if the information is factually correct in isolation.

The legislation covers matters such as:

• The existence or nature of a product.
• Its principal characteristics.
• Its availability.
• The price or method of calculating the price.
• The trader’s identity and status.
• The consumer’s rights.
• The existence of sponsorship, approval, or affiliation.

The practice must also satisfy the relevant statutory requirements concerning the likelihood of causing a transactional decision that the consumer would not otherwise have taken.

For example, a business advertising a product as officially approved by an independent professional organisation when no such approval exists may engage in a misleading action.

The same may apply where a product is presented as being substantially discounted when the claimed reference price is artificial.

Misleading omissions

Section 228 addresses misleading omissions.

A trader may engage in an unfair commercial practice by omitting material information, hiding it, presenting it in an unclear or ambiguous manner, or failing to identify its commercial purpose where this is not already apparent.

The relevant question is whether the omission is likely to affect the average consumer’s transactional decision.

Material information may include:

• The total price.
• Mandatory additional charges.
• Important limitations on a product.
• Significant contractual restrictions.
• Cancellation conditions.
• The identity of the trader.
• Information concerning the commercial purpose of an advertisement.

The legislation also takes account of the limitations of the communication medium.

For example, a short advertisement may not be capable of displaying every contractual detail. However, a trader must still take appropriate steps to make material information available in a clear and timely manner.

Aggressive commercial practices

Section 229 regulates aggressive commercial practices.

A practice may be aggressive where it uses harassment, coercion, or undue influence and significantly impairs, or is likely significantly to impair, the average consumer’s freedom of choice or conduct.

The assessment considers the circumstances of the practice, including:

• Its timing, location, nature, and persistence.
• Threatening or abusive language or behaviour.
• Exploitation of a consumer’s particular misfortune or vulnerability.
• Imposing disproportionate non-contractual barriers where a consumer wishes to exercise contractual rights.
• Threatening action that cannot legally be taken.

For example, a trader may act aggressively by repeatedly pressuring an elderly consumer into purchasing an expensive service after the consumer has clearly refused.

The legislation seeks to ensure that commercial decisions are made freely rather than through intimidation or manipulation.

Prohibited commercial practices

Section 230 addresses practices that are unfair in all circumstances.

The legislation contains a list of prohibited practices that do not require the same individual assessment of professional diligence or transactional influence as the general categories.

The list includes certain forms of false endorsement, misleading claims about limited availability, and other conduct recognised as inherently unfair.

This approach provides greater legal certainty because traders can identify practices that are prohibited regardless of the specific circumstances in which they occur.

Fake consumer reviews

The DMCC Act expressly addresses fake consumer reviews.

The statutory framework prohibits certain practices involving the submission, commissioning, publication, or concealment of fake reviews and related material.

Businesses must take appropriate steps to prevent fake reviews from being submitted or published and must not present reviews in a manner that creates a misleading impression.

This is particularly important in online commerce, where consumer decisions frequently depend on ratings and testimonials.

A company that commissions fabricated five-star reviews or knowingly presents manipulated ratings as genuine consumer experiences may breach the legislation.

The regulatory approach recognises that review systems have become an important part of the commercial information environment.

Drip pricing and mandatory charges

The legislation also addresses practices commonly described as drip pricing.

This occurs where a trader initially advertises an attractive price but introduces mandatory charges later in the purchasing process.

For example, an online booking platform may advertise a hotel room at £100 but reveal a compulsory service fee of £25 only at the final payment stage.

The resulting presentation may mislead consumers about the total cost of the transaction.

The statutory framework requires mandatory charges to be included in the total price presented to consumers, subject to the applicable rules.

Optional charges are treated differently, but their optional nature and price must be communicated transparently.

The objective is to make meaningful price comparison possible and prevent consumers from being attracted by artificially low initial prices.

The CMA’s Unfair commercial practices guidance provides detailed explanations of the statutory prohibitions, including the requirements concerning fake reviews and drip pricing.

10. Product Liability and Consumer Safety

Consumer protection also extends to physical harm and property damage caused by defective products.

The principal legislation governing this area is the Consumer Protection Act 1987.

The Act introduced a statutory regime of strict product liability, allowing injured persons to pursue certain claims without having to establish that the producer was negligent.

The concept of a defective product

Section 3 of the Consumer Protection Act 1987 provides that a product is defective where its safety is not such as persons generally are entitled to expect.

The assessment takes account of all the circumstances, including:

• The manner in which the product has been marketed.
• Its presentation.
• Any instructions or warnings supplied with it.
• What might reasonably be expected to be done with the product.
• The time when the product was supplied.

The test is concerned with the safety expectations of the public rather than simply whether the product performs its intended function.

A product may therefore operate as designed but still be defective because it presents an unacceptable safety risk.

For example, a domestic electrical appliance may perform its ordinary function but contain an internal defect that creates a serious risk of fire.

Who may be liable?

Section 2 identifies the persons who may incur liability.

These include:

• The producer of the product.
• A person who presents themselves as the producer by placing their name or trademark on the product.
• A commercial importer who brings the product into the United Kingdom for supply.
• In certain circumstances, a supplier who fails to identify the producer or importer after receiving a qualifying request.

The legislation therefore recognises that responsibility for product safety may extend beyond the manufacturer.

What damage is recoverable?

The statutory regime covers death, personal injury, and certain forms of property damage.

However, it does not generally provide compensation for damage to the defective product itself.

Property damage must also satisfy the statutory requirements concerning private use, occupation, or consumption.

The legislation excludes claims for property damage below the statutory minimum threshold of £275.

Strict liability and negligence

Strict product liability does not require proof that the producer acted negligently.

The claimant must establish the existence of a defect, qualifying damage, and the necessary causal connection between them.

This differs from an ordinary negligence claim, which requires proof of a relevant duty of care, breach, causation, and legally recognised damage.

A consumer may have alternative causes of action depending on the circumstances, including contractual claims under the Consumer Rights Act 2015 and negligence claims under common law.

Defences

The Consumer Protection Act 1987 provides several statutory defences.

These include circumstances where:

• The defendant did not supply the product.
• The defect did not exist when the product was supplied.
• The product was not supplied in the course of business.
• The defect resulted from compliance with a legal requirement.
• The state of scientific and technical knowledge at the relevant time was insufficient to enable the defect to be discovered.
• The defect was attributable to the design of a product in which the component was incorporated, subject to the statutory conditions.

The legislation therefore balances consumer protection with the recognition that producers cannot be held automatically responsible for every form of product damage.

The statutory product liability framework is particularly important in cases involving pharmaceuticals, electrical equipment, household appliances, vehicles, and industrial products.

11. Enforcement of Consumer Protection Law

Consumer protection depends not only on the existence of statutory rights but also on effective mechanisms for ensuring compliance.

The regulatory framework in England and Wales involves several public authorities, each exercising different functions.

The most significant institutions include the Competition and Markets Authority, local authority Trading Standards services, and sector-specific regulators.

The Competition and Markets Authority

The Competition and Markets Authority is the principal national competition and consumer protection authority.

Its responsibilities include investigating conduct that harms consumers, enforcing consumer protection legislation, and addressing commercial practices that undermine fair competition.

The Digital Markets, Competition and Consumers Act 2024 significantly strengthened its enforcement powers.

Under Part 3 of the Act, which came into force on 6 April 2025, the CMA obtained direct consumer enforcement powers.

Previously, the CMA generally had to pursue court proceedings to obtain certain consumer protection orders.

The new framework allows it to investigate suspected infringements, make infringement decisions, require compliance, and impose financial penalties in qualifying cases.

Direct enforcement powers

The CMA may investigate suspected breaches of consumer protection law and exercise statutory powers to obtain information and evidence.

Where the statutory requirements are satisfied, it may:

• Determine that a trader has infringed consumer protection law.
• Require the trader to stop the relevant conduct.
• Require corrective measures.
• Accept undertakings.
• Impose monetary penalties.
• Require redress measures for affected consumers where legally available.

The enforcement framework is designed to make consumer protection more effective, particularly where unlawful practices affect large numbers of people.

Financial penalties

One of the most significant reforms is the introduction of substantial financial penalties.

For certain infringements, the CMA may impose a penalty of up to 10% of the trader’s worldwide turnover.

The Act also establishes alternative statutory limits for certain cases where worldwide turnover cannot appropriately be used.

The possibility of substantial penalties creates a powerful incentive for businesses to review their commercial practices and compliance systems.

It also demonstrates that consumer protection is no longer merely a matter of resolving individual complaints. It is an important aspect of corporate regulatory accountability.

Trading Standards

Local authority Trading Standards services play a central role in enforcing consumer protection legislation.

Their responsibilities include investigating unlawful trading practices, examining complaints, addressing unsafe products, and taking enforcement action against businesses operating within their jurisdiction.

Trading Standards officers may investigate matters such as:

• Misleading pricing.
• False descriptions of goods.
• Unfair sales practices.
• Counterfeit products.
• Product safety violations.
• Unlawful commercial pressure.
• Failure to comply with relevant consumer legislation.

Depending on the statutory basis, enforcement may involve advice, warnings, undertakings, civil proceedings, or criminal prosecution.

Trading Standards services also cooperate with national regulatory bodies and other enforcement authorities.

Sector-specific regulators

Certain industries are subject to specialised regulatory supervision.

Examples include:

• The Financial Conduct Authority in financial services.
• Ofcom in telecommunications and broadcasting.
• Ofgem in energy markets.
• The Civil Aviation Authority in aviation.
• The Information Commissioner’s Office in data protection and electronic marketing matters.

These regulators may enforce consumer-related requirements within their respective sectors.

Their responsibilities sometimes overlap with the general consumer protection framework.

For example, misleading advertising by a financial services provider may raise issues under both consumer protection law and financial regulatory requirements.

12. Criminal Liability for Unfair Commercial Practices

The Digital Markets, Competition and Consumers Act 2024 also provides for criminal offences involving certain unfair commercial practices.

Sections 237–241 establish the relevant criminal framework.

This is important because not every infringement is dealt with exclusively through civil or administrative enforcement.

Certain forms of commercial misconduct may attract criminal liability where the statutory elements are established.

The legislation identifies particular offences connected with unfair commercial practices and provides rules concerning corporate responsibility and the liability of individuals.

Corporate criminal responsibility

Where an offence is committed by a company, the legislation may also engage the liability of directors, managers, secretaries, or other officers where the statutory requirements concerning consent, connivance, or neglect are satisfied.

This prevents individuals responsible for unlawful commercial conduct from automatically avoiding accountability merely because the relevant business operates through an incorporated entity.

Unsolicited goods and services

Section 236 addresses certain forms of inertia selling.

This occurs where a trader supplies products that a consumer has not requested and then demands payment or other consideration.

The statutory framework protects consumers against such practices.

A consumer is not required to pay for qualifying unsolicited products, and silence does not constitute acceptance of an obligation to pay, return, or safely store the goods.

The provision is particularly important in preventing commercial pressure based on the assumption that a consumer becomes contractually bound simply by receiving unsolicited goods.

13. Consumer Complaints, Alternative Dispute Resolution, and Court Proceedings

Not every consumer dispute requires formal litigation.

The legal framework encourages the resolution of disputes through complaints procedures, negotiation, mediation, and alternative dispute resolution (ADR).

These mechanisms can reduce the financial and procedural burden associated with court proceedings.

Internal complaints procedures

A consumer will ordinarily begin by contacting the trader and explaining the nature of the complaint.

The complaint should identify the relevant transaction, describe the alleged breach, and specify the remedy sought.

For example, a consumer may request a refund, repair, replacement, repeat performance, or compensation.

The trader should examine the complaint and respond in accordance with its legal obligations.

Importantly, a business’s internal complaints policy cannot remove statutory consumer rights.

Alternative dispute resolution

ADR refers to procedures through which disputes are resolved without ordinary court litigation.

Common forms include:

• Mediation.
• Conciliation.
• Independent adjudication.
• Ombudsman schemes.
• Sector-specific dispute resolution procedures.

ADR may be particularly useful where the parties wish to preserve a commercial relationship or avoid the expense of litigation.

However, participation and the legal effect of an ADR outcome depend on the applicable scheme and statutory framework.

Changes under the Digital Markets, Competition and Consumers Act 2024

The Act also introduced provisions concerning complaints handling and information about ADR arrangements.

Section 308 establishes a duty for traders, when communicating the outcome of their consideration of a consumer complaint, to inform the consumer about available ADR or other relevant arrangements where the statutory conditions apply.

The provision came into force on 6 April 2026.

This strengthens the information available to consumers who remain dissatisfied after using a trader’s internal complaints procedure.

It is important to distinguish between a duty to inform consumers about available ADR and a general obligation to participate in every ADR scheme. The latter does not automatically follow from section 308.

Small claims and consumer litigation

Where informal resolution fails, a consumer may bring a civil claim.

In England and Wales, many relatively straightforward consumer disputes are suitable for the small claims track of the County Court, subject to the applicable allocation rules and financial limits.

The consumer may seek remedies including:

• A refund.
• Repair or replacement.
• A price reduction.
• Damages for financial loss.
• Compensation for other legally recognised losses.

The appropriate remedy depends on the cause of action and the evidence.

The court will consider the contract, applicable legislation, correspondence, payment records, advertisements, and other relevant material.

Limitation periods

Consumer claims are subject to limitation periods.

For ordinary contractual claims in England and Wales, section 5 of the Limitation Act 1980 generally establishes a six-year limitation period from the date on which the cause of action accrued.

Different periods may apply to claims based on deeds, personal injury, statutory causes of action, or other specific legal grounds.

The date on which the consumer discovered a defect does not automatically determine the beginning of the limitation period for every contractual claim.

This distinction is important because the six-year limitation period should not be confused with the 30-day short-term right to reject goods or the six-month evidential presumption under the Consumer Rights Act 2015.

14. The Relationship Between Consumer Protection and Competition Law

Consumer protection and competition law are closely related but serve different legal purposes.

Consumer protection focuses primarily on the relationship between traders and individual consumers.

Competition law addresses conduct that distorts or restricts competition in markets.

Nevertheless, the two fields frequently overlap.

For example, a group of businesses may coordinate their pricing practices in a way that harms consumers and undermines competition.

Similarly, a dominant online platform may use commercial practices that affect consumer choice and market access.

The Competition and Markets Authority has responsibilities in both areas.

The relationship is particularly significant in digital markets, where businesses may control access to information, influence purchasing decisions through algorithms, or operate platforms on which consumers depend for commercial transactions.

Consumer choice and market transparency

Effective consumer choice depends on access to accurate and understandable information.

Where businesses conceal mandatory fees, manipulate reviews, or present misleading comparisons, consumers may make decisions that do not reflect genuine market conditions.

Such conduct can also distort competition by disadvantaging businesses that comply with transparent pricing and fair marketing standards.

Consumer protection therefore contributes to the integrity of the wider commercial environment.

Digital platforms and online marketplaces

Online marketplaces have transformed the way consumers purchase goods and services.

However, the distinction between the platform operator and the individual trader may not always be obvious to consumers.

The applicable legal responsibilities depend on the role played by each party and the relevant statutory provisions.

A platform may have obligations concerning information, commercial practices, and transparency even where it is not itself the contractual seller of the goods.

The modern consumer protection framework must therefore address both conventional commercial transactions and the more complex relationships created by digital intermediation.

15. Practical Examples

The following examples illustrate how consumer protection principles operate in commercial situations.

Example 1: Defective household appliance

A consumer purchases a new refrigerator from a retailer. After two weeks, the appliance stops cooling properly.

The consumer may exercise the short-term right to reject under section 20 of the Consumer Rights Act 2015, provided the statutory conditions are satisfied.

The retailer cannot simply insist that the consumer must accept a repair.

Example 2: Misleading online pricing

An online travel company advertises accommodation for £150 per night.

During the booking process, a compulsory service fee of £40 is introduced at the final payment stage.

The presentation may constitute drip pricing under the Digital Markets, Competition and Consumers Act 2024 if the mandatory charge was not properly included in the advertised total price.

The practice may also amount to a misleading commercial practice depending on the circumstances.

Example 3: Aggressive commercial conduct

A salesperson repeatedly contacts an elderly consumer and pressures them into purchasing an expensive home security package.

The salesperson uses threatening language and falsely claims that the consumer’s property is at immediate risk.

The conduct may constitute an aggressive commercial practice under section 229 of the DMCC Act.

Example 4: Unfair subscription terms

A digital service provider offers a monthly subscription but includes an obscure contractual clause requiring the consumer to pay a substantial penalty for cancellation.

The clause may be assessed under section 62 of the Consumer Rights Act 2015.

If it creates a significant imbalance contrary to good faith, it may be unfair and therefore not binding on the consumer.

Example 5: Defective digital software

A consumer purchases software that is advertised as compatible with a particular operating system.

After installation, the software repeatedly crashes and cannot perform its essential advertised functions.

The consumer may rely on sections 34–36 of the Consumer Rights Act 2015 and seek the appropriate statutory remedy.

Example 6: Product causing personal injury

A consumer purchases an electrical appliance that contains a manufacturing defect.

The appliance overheats and causes a fire resulting in personal injury.

The injured person may have a claim under the Consumer Protection Act 1987 against a person falling within the statutory liability provisions, provided the necessary elements are established.

Example 7: Failure to perform a professional service

A consumer hires a contractor to install a heating system.

The installation is performed carelessly, resulting in the system becoming unsafe.

The consumer may rely on section 49 of the Consumer Rights Act 2015 and seek repeat performance, a price reduction, or other appropriate remedies.

Example 8: Fake online reviews

A retailer commissions a marketing agency to publish fabricated positive reviews and presents them as genuine customer experiences.

The practice may breach the fake-review prohibitions introduced by the Digital Markets, Competition and Consumers Act 2024.

The retailer may also face regulatory enforcement and financial penalties where the relevant statutory requirements are satisfied.

16. Frequently Asked Questions

1. What is the main consumer protection legislation in England and Wales?

The principal legislation includes the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection Act 1987, and the Digital Markets, Competition and Consumers Act 2024.

2. What qualifies someone as a consumer?

Under section 2(3) of the Consumer Rights Act 2015, a consumer is an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.

3. What are the three principal consumer rights concerning goods?

Goods must be of satisfactory quality, fit for a particular purpose, and as described. These requirements are implied into qualifying consumer contracts under sections 9–11 of the Consumer Rights Act 2015.

4. What is the 30-day right to reject?

It is the short-term statutory right allowing consumers to reject non-conforming goods within the prescribed 30-day period and obtain a refund, subject to the statutory conditions.

5. Can a retailer insist on repairing defective goods instead of providing a refund?

Not ordinarily where the consumer validly exercises the short-term right to reject within the statutory period. After that period, repair or replacement will generally be the first available remedy, subject to the statutory conditions.

6. What happens if digital content is defective?

The Consumer Rights Act 2015 requires qualifying digital content to be of satisfactory quality, fit for purpose, and as described. Consumers may be entitled to repair, replacement, or a price reduction.

7. What does reasonable care and skill mean in service contracts?

Under section 49 of the Consumer Rights Act 2015, traders must perform services to the standard reasonably expected of a competent provider operating in the relevant field.

8. What is an unfair contractual term?

Under section 62 of the Consumer Rights Act 2015, a term is unfair where, contrary to good faith, it creates a significant imbalance in the parties’ contractual rights and obligations to the consumer’s detriment.

9. Are unfair contractual terms legally binding?

No. An unfair term is not binding on the consumer, although the remainder of the contract may continue to operate if it can do so without that term.

10. Can consumers cancel online purchases within 14 days?

Generally, yes. Qualifying distance and off-premises contracts carry a 14-day cancellation right under the Consumer Contracts Regulations 2013. However, several statutory exceptions apply.

11. What is the Digital Markets, Competition and Consumers Act 2024?

It is legislation that modernised the UK’s consumer protection and digital markets framework. Its consumer protection provisions include prohibitions against misleading and aggressive commercial practices, fake reviews, and certain forms of drip pricing.

12. What is drip pricing?

Drip pricing occurs when a business advertises an initially attractive price but introduces mandatory additional charges later in the purchasing process, potentially misleading consumers about the actual cost.

13. Are fake consumer reviews illegal?

The DMCC Act 2024 prohibits specified practices involving fake consumer reviews. Businesses must take appropriate steps to prevent fake reviews from being submitted or published and must not knowingly present manipulated reviews as genuine.

14. Who enforces consumer protection legislation?

The principal enforcement authorities include the Competition and Markets Authority and local authority Trading Standards services. Sector-specific regulators also exercise consumer protection functions within their respective industries.

15. Can the Competition and Markets Authority fine businesses?

Yes. Under the DMCC Act 2024, the CMA may impose financial penalties for qualifying infringements, including penalties of up to 10% of worldwide turnover in certain cases.

16. Can a consumer claim compensation for a defective product?

Yes, depending on the circumstances. A consumer may have contractual remedies under the Consumer Rights Act 2015 or a product liability claim under the Consumer Protection Act 1987 where a defective product causes qualifying damage.

17. What is the difference between product liability and negligence?

Product liability under the Consumer Protection Act 1987 generally does not require proof of negligence. A negligence claim requires proof of a relevant duty of care, breach, causation, and damage.

18. What is alternative dispute resolution?

ADR involves resolving disputes without ordinary court litigation. It includes mediation, conciliation, independent adjudication, and ombudsman procedures.

19. Can consumers take businesses to court?

Yes. Consumers may bring civil proceedings to enforce contractual and statutory rights. Many relatively straightforward disputes may be allocated to the small claims track of the County Court.

20. What is the ordinary limitation period for contractual consumer claims?

The general limitation period for an action founded on simple contract in England and Wales is six years from the date the cause of action accrued, under section 5 of the Limitation Act 1980. Different rules may apply to particular claims.

Conclusion

Consumer protection law in England and Wales establishes a comprehensive framework governing the relationship between commercial suppliers and individual consumers. It recognises that effective consumer markets depend not merely on the availability of goods and services, but also on transparency, contractual fairness, product safety, and the ability of individuals to enforce their rights.

The Consumer Rights Act 2015 provides the principal foundation for contractual consumer protection. Its provisions establish mandatory standards for goods, digital content, and services, together with remedies designed to address defective products, inadequate performance, and unfair contractual terms.

The Consumer Contracts Regulations 2013 complement this framework by protecting consumers entering distance and off-premises contracts. Their cancellation provisions are particularly significant in an economy increasingly dependent on online transactions and remote commercial relationships.

The Consumer Protection Act 1987 extends protection beyond contractual relationships by establishing a statutory system of liability for defective products. Its strict liability principles recognise that consumers should not always bear the burden of proving negligence when defective products cause personal injury or qualifying property damage.

The Digital Markets, Competition and Consumers Act 2024 represents a further development in the evolution of consumer law. By modernising the regulation of unfair commercial practices and strengthening the enforcement powers of the Competition and Markets Authority, it addresses commercial practices that have become particularly significant in digital markets. Fake reviews, misleading price presentations, hidden charges, and aggressive selling techniques demonstrate why traditional contractual remedies alone are insufficient to protect consumers.

The effectiveness of consumer protection ultimately depends on the relationship between individual legal rights, business compliance, and public enforcement. A consumer must be able to obtain an appropriate remedy when a trader breaches a statutory obligation, while businesses must operate within a regulatory environment that discourages misleading conduct and unfair commercial advantage.

Consumer protection is therefore not simply a mechanism for resolving disputes between buyers and sellers. It is an essential component of market integrity, commercial accountability, and the rule of law.

Principal Legislation and Legal Sources

Legislation

1. Consumer Rights Act 2015.
2. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3. Consumer Protection Act 1987.
4. Digital Markets, Competition and Consumers Act 2024.
5. Limitation Act 1980.
6. Consumer-related employment and business legislation: Transfer of Undertakings (Protection of Employment) Regulations 2006.

Regulatory and institutional sources

• Competition and Markets Authority: Unfair Commercial Practices Guidance.
• What Businesses Need to Know About Unfair Commercial Practices.
• CMA Direct Consumer Enforcement Guidance.
• Consumer Contracts Regulations 2013.
• Consumer Protection Act 1987: Liability for Defective Products.

Territorial scope: The article concerns consumer law applicable in England and Wales. Much of the principal consumer legislation discussed is UK-wide legislation. Regulatory responsibilities and certain procedural matters may differ across the constituent jurisdictions of the United Kingdom.

Important legislative update: The individual rights-of-redress provisions in sections 232–235 of the DMCC Act should not be confused with the enforcement powers already available to the CMA. As reflected in the legislation’s position at 30 September 2026, the individual redress provisions have not all been brought into force. Existing contractual, statutory, and common-law remedies remain important. legislation.gov.uk+2