Private right of redress for consumers
Private right of redress for consumers

The following Commercial guidance note provides comprehensive and up to date legal information covering:

  • Private right of redress for consumers
  • Background
  • When do the rights apply?
  • Consumer’s rights to redress
  • Summary of consumer’s rights
  • Enforcement of consumer’s rights

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

This Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) introduced by the Consumer Protection (Amendment) Regulations 2014, SI 2014/870 (CP(A)R 2014) from 1 October 2014. This Practice Note describes the consumer’s rights to redress, including the right to unwind, the right to a discount and the right to damages. It also explains the background to the changes.

For more information on unfair trading and the CPUTR 2008, see Practice Note: Unfair trading with consumers.

Background

In 2012, the Law Commission and the Scottish Law Commission published a report on consumer redress for misleading and aggressive practices. The report concluded that it was difficult for consumers to obtain redress when they experienced such practices in their dealings with traders, even though they were outlawed by the CPUTR 2008.

The government accepted the key points of the report and