Three things that you need to know about the Consumer Protection (Amendment) Regulations

Three things that you need to know about the Consumer Protection (Amendment) Regulations

Four months and 24 days remain until more consumer regulations come into force; this time: the Consumer Protection (Amendment) Regulations 2014.

Why do these matter?

Well, if a business 'plays fast and loose' with the rules after 1 October 2014 and indulges in misleading or aggressive trading practices, not only could it have a PR disaster on its hands—witness how social media jumps on corporate wrong-doing nowadays—but it may also be handing a consumer the following new rights and remedies:

  • the right to unwind from a contract and get a full refund with 90 days of the contract being entered into or goods being delivered
  • the right to receive a discount (which will depend on the amount of harm and impact on the consumer), and
  • the right to claim damages for additional losses or harm they have suffered.

In other words, behave unfairly or in bad faith and a business could now find itself pursued in the civil courts by aggrieved consumers. Previously, a business only had to worry about being chased up by Trading Standards or the Office of Fair Trading (although see our blog post on what has happened since the OFT was abolished).

Want to know more? Then check out the interview below with Hannah Roberts and Craig Chaplin of DWF which was published recently in Lexis®PSL Commercial.

What was the government consulting on and why?

The government was consulting on draft Regulations which reform the existing law on misleading and aggressive selling. As a result of that consultation the Consumer Protection (Amendment) Regulations 2014 (the Regulations) will come into force on 1 October 2014 and will amend the existing Consumer Protection from Unfair Trading Regulations 2008 (CPUT).

The change has been brought about due to the government (and the public’s) concern that under existing laws, if a customer was the victim of misleading or aggressive

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