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

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

  • Private right of redress for consumers
  • Background
  • Brexit
  • When do the rights apply?
  • Transactional decision
  • Trader
  • Prohibited practices
  • The average consumer test
  • Excluded sectors
  • Consumer’s rights to redress
  • More...

Brexit: This Practice Note has been updated to reflect the position as of 1 January 2021. Note that retained EU law and Brexit SIs referred to in this Practice Note are not applicable nor in force until 11 pm (GMT) on 31 December 2020 (ie the end of the implementation period) and may be subject to change before this time.

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 consulted on draft regulations in 2013. In April 2014, the final version

Popular documents