New consumer protections against misleading and aggressive sales practices

Pete Bott

Pete Bott

The Department for Business Innovation & Skills (“BIS”) has published guidance for businesses on the new Consumer Protection (Amendment) Regulations 2014 (“Regulations”).

In brief, the Regulations amend the Consumer Protection from Unfair Trading Regulations 2008 and give new rights of redress to consumers who are misled or coerced into entering contracts or making payments.

The BIS guidance summarises the triggers for these new consumer rights of redress, together with their related remedies. The new remedies include the rights to:

  • rescind the contract and receive a full refund;
  • keep the goods or service but ask for a discount on the price; and
  • seek damages.

The consumer will not need to show loss to claim the first two of the above new remedies, as long as it has been demonstrated that the trader has carried out a misleading or aggressive action. However, the consumer must demonstrate loss to claim damages.

The Regulations come into force on 1 October 2014 and will apply to contracts entered into, or payments made, on or after that date.

Please contact Pete Bott on 0113 227 9284 or if you require advice on how the new Consumer Protection (Amendment) Regulations 2014 affect your business, or any other commercial matters.

Pete Bott
Company & Commercial Department      
0113 227 9284

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