This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to digital content, and sets out the consumer’s statutory rights under CRA 2015 in respect of contracts for the supply of digital content. This Practice Note considers the standards that apply to digital content and the remedies of right to repair or replacement, right to a price reduction, and right to a refund, and the remedy for damage to device or other digital content. For a general overview of CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of the application of CRA 2015 to goods, services and unfair terms, see Practice Notes: • Consumer Rights Act 2015—goods • Consumer Rights Act 2015—services • Consumer Rights Act 2015—unfair terms Helpful guidance on CRA 2015’s application to digital content has been provided by the Chartered Trading Standards Institute (CTSI Guidance) and the Department for Business, Energy & Industrial Strategy, now part of the Department of Business and Trade

This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to goods and sets out the consumer’s statutory rights under CRA 2015 in respect of supply of goods contracts. This Practice Note considers the standards that apply to goods, consumer remedies for non-conforming goods, rules on the delivery of goods and passing of risk, guarantees and extended warranties of insurance, and the sale of second-hand goods (including at public auctions). For a general overview of CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of the application of CRA 2015 to services, digital content and unfair terms, see Practice Notes: • Consumer Rights Act 2015—services • Consumer Rights Act 2015—digital content • Consumer Rights Act 2015—unfair terms Helpful guidance on CRA 2015’s application to goods has been provided by the Chartered Trading Standards Institute (CTSI) and the Department for Business, Innovation & Skills (BIS Guidance), now part of the Department for Business & Trade, which may assist lawyers

Commercial analysis: What will the Consumer Rights Act 2015 (CRA 2015) mean for the service industry? Claire Robertson, associate at Stevens & Bolton, says businesses should review their current practices and any complaints policies to ensure compliance with the new requirements.

This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to services, and sets out the consumer’s statutory rights under the CRA 2015 in respect of services contracts. This Practice Note considers the standards that apply to the supply of services and the consumer remedies for non-conforming services. For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of the application of the CRA 2015 to goods, digital content and unfair terms, see Practice Notes: • Consumer Rights Act 2015—goods • Consumer Rights Act 2015—digital content • Consumer Rights Act 2015—unfair terms Helpful guidance on the CRA 2015’s application to services has been provided by the Chartered Trading Standards Institute (CTSI Guidance) and the government (Consumer Rights Act: Services, Guidance for Business), which may assist lawyers when advising on the CRA 2015 in the context of services contracts. This Practice Note only addresses the rights and obligations of traders in respect of services

This Practice Note provides an overview of the Consumer Rights Act 2015 (CRA 2015). The CRA 2015 provides consumer rights and remedies in respect of goods, digital content, and services, and reformed the law on unfair terms in consumer contracts. This Practice Note considers the aims of the CRA 2015 and the key definitions, controls on restrictions of liability, and rules on the treatment of unfair terms in consumer contracts contained therein. It also briefly considers the reform of enforcement powers, extension of civil remedies, and consumer collective actions for anti-competitive behaviour under the CRA 2015, as well as the provisions relating to letting agents and secondary ticketing. Background to the CRA 2015 The CRA 2015 received Royal Assent on 26 March 2015 and provided for a major overhaul and rationalisation of consumer law in the UK. In particular, the CRA 2015 covers consumer rights and remedies for the sale of goods and the supply of services and digital content, and reforms the law on unfair terms in consumer contracts. In addition, it introduced changes to the

Consumer protection legislation applies to businesses generally and to the regulated financial services sector. This Practice Note considers the obligations for firms authorised by the Financial Conduct Authority (FCA) under the Financial Services and Markets Act 2000 (FSMA 2000) (herein referred to as ‘firms’) to comply with one of the pillars of consumer protection legislation, the Consumer Rights Act 2015 (CRA 2015) and its predecessor, the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCRs). In addition to these legislative requirements, firms must also comply with the FCA’s regulatory rules and take note of regulatory guidance relevant to unfair contract terms. The FCA has enforcement powers: (i) under the CRA 2015 to challenge firms about the fairness and/or transparency of contractual terms and notices in financial services consumer contracts (whether in standard form or individually negotiated) entered into from 1 October 2015, and (ii) under the UTCCRs to challenge firms about the fairness or transparency of contractual terms in standard form financial services

This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to the fairness and transparency of business-to-consumer (B2C) contract terms and notices. It considers exemptions from the unfair terms provisions, the fairness test, the ‘grey list’ of terms that may be considered unfair, the transparency test, terms that are prohibited and enforcement. For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of the application of the CRA 2015 to goods, services and digital content, see Practice Notes: • Consumer Rights Act 2015—goods • Consumer Rights Act 2015—services • Consumer Rights Act 2015—digital content For consideration of the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For information on exclusion and limitation of liability in B2C contracts, see Practice Note: Exclusion and limitation

This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of digital content. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing digital content in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts. Note 3—‘Off-premises’ includes the following: • ‘a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader

This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of goods. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing goods in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Further rights available for the return of faulty or damaged goods under the Consumer Rights Act 2015 are beyond the scope of this Flowchart. Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts. Note 3—‘Off-premises’ includes the following: • ‘a contract concluded in the simultaneous

This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the supply of services. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing services in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts. Note 3—‘Off-premises’ includes the following: • a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader • a contract for which

Law360: The Financial Ombudsman Service (FOS) reported on 16 July 2024 an 18% increase in complaints from consumers about insurance companies for the financial year that ended in March 2024, amid concerns about delays in payouts and claims being declined.

Commercial analysis: Barristers failed in their appeal from a finding that a term in their contract with a direct access client was unfair under the Consumer Rights Act 2015 (CRA 2015). A term providing that the full fee was payable where a hearing was adjourned for any reason, regardless of whether any work had been done or benefit was received by the client, was found to be unfair and unenforceable. Further, no quantum meruit claim (contractual or for unjust enrichment) was made out. As a result, no fee was payable. This case gives guidance as to the evaluative task undertaken by the court in assessing whether a consumer contract term is unfair; and is a salutary warning to legal professionals to ensure that their contract terms are carefully considered so that they do not unfairly balance the risks in favour of the lawyer. Written by Morwenna Macro, barrister at Five Paper.