Trading with consumers

This subtopic examines commercial law and regulation that impacts trading and contracting with consumers in the UK.

FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). This Practice Note will be updated for this change in due course.

For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.

To determine the legal framework applicable to a specific consumer contract, the following two key questions must be considered:

•
what is being sold—ie goods, services and/or

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Commercial News

CMA publishes provisional findings on mobile browsers competition

The Competition and Markets Authority (CMA) has published its provisional decision in the market investigation into mobile browsers and cloud gaming. The CMA has provisionally identified competition concerns in the mobile browsers market. This development follows a series of working papers and updates throughout 2024, including the recommencement of the investigation in January after a Court of Appeal judgment. The CMA has set a deadline of 5pm on 13 December 2024 for interested parties to submit responses to the provisional findings.

Commercial weekly highlights—21 November 2024

This week's edition of Commercial weekly highlights includes: analysis of the statutory guidance on the failure to prevent fraud offence which was introduced under the Economic Crime and Corporate Transparency Act 2023, commentary on Advertising Standard Agency's strategy to proactively pursue ‘greenwashing’ claims which explains the risks posed to businesses and what they can do to minimise their exposure, and news that the Department for Business and Trade has launched a consultation on implementing the new subscription contracts regime to be introduced under the Digital Markets, Competition and Consumers Act 2024.

ASA rulings—20 November 2024

The Advertising Standards Authority (ASA) has upheld a ruling on two paid-for Google ads for The Pure Gold Company, a gold and silver retail dealer. The ads were identified through the ASA's proactive monitoring as part of its wider work on unregulated investments. The ASA found the ads were misleading as they failed to illustrate the risks of gold investments. The ASA upheld the complaint.

Failure to prevent fraud—Statutory guidance

Corporate Crime analysis: Following a wait of nearly 12 months since the failure to prevent fraud (FTPF) offence was enacted, the government has now issued the statutory guidance on the procedures which companies are expected to implement for the purpose of preventing the relevant underlying fraudulent conduct by persons associated with them and, where such conduct occurs, providing a potential defence to the offence . Written by John Binns and Alexander Gorst at BCL Solicitors LLP.