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...

Private right of redress for consumers

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: Consumer protection from unfair trading.

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 of the regulations was issued along with the government’s response to the consultation. The CP(A)R 2014 came into force on 1 October 2014, amending the CPUTR 2008, and apply to contracts entered into or made after that date.

The CP(A)R 2014 introduced various rights of redress for consumers into the CPUTR 2008. The Department

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